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HomeMy WebLinkAboutTWP 82 008 Comprehensive Zoning By-law Kincardine Township Restricted Area By-law 82-08 3 TOWNSHIP OF KINCARDINE RESTRICTED AREA BY -LAW 82 -08 OFFICE CONSOLIDATION JUNE, 1999 r i TABLE OF CONTENTS SECTION 1 - TITLE 1 SECTION 2 - APPLICATION OF BY -LAW 1 SECTION 3 - INTERPRETATION (TEXT) 1 SECTION 4 - ADMINISTRATIVE PROVISIONS 2 4.1 APPLICATIONS, PLANS AND PERMITS 2 4.2 CERTIFICATES OF O - C'.UPANCY 2 4.3 INSPECTION OF PREMISES 3 4.4 VIOLATIONS AND PENALTIES 3 4.5 REMEDIES 3 4.6 VALIDITY 4 4.7 LICENCES.,__PERMIIS AND OTHER BY - LAWS 4 4.8 GREATER RESTRICTIONS OF OTHERS TO GOVERN 4 4.9 HEALTH APPROVAL 4 4.10 METRIC AND IMPS IAL EQUIVALENTS 4 SECTION 5 - DEFINITIONS 5 SECTION 6 - GENERAL PROVISIONS FOR ALL ZONES 23 6.1 PERMITTED USES IN ALL ZONES 23 6.1.1 Public Buildings and/or Structures 23 6.2 MAKING OR ESTABLISHMENT OF PITS AND QUARRIES 24 6.3 NON - CONFORMING USES 24 6.4 NON - COMPLYING USES 25 6.5 FRONTAGE ON A PUBLIC STREET 25 6.6 ESTABLISHED BUILDING LINE SETBACK 25 6.7 EXTERNAL DESIGN 25 6.8 THROUGH LOTS 26 6.9 YARDS AND OPEN SPACE TO BE RESERVED 26 6.10 EXCEPTION TO MAXIMUM HEIGHT REGULATIONS 26 6.11 DWELLING UNIT B .L W BADE 26 6.12 PHYSICALLY UNSUITABLE LANDS 26 6.13 WATERCOURSE SETBACKS 27 6.14 PERMITTFILYARD ENCROACHMENTS 27 6.15 PLANTING PLANIING_AREAS 27 6.16 SETBACK FROM OS2 ZONE 28 6.17 OFF - STREET PARKING REGULATIONS 28 6.17.1 Required Number of Spaces 28 6.17.2 Calculation of Spaces 31 6.17.3 Size and Accessibility of Parking Spaces 31 6.17.4 Provisions and Location of Spaces 31 6.17.5 Application of Parking Requirements 32 6.17.6 StatingAcsa mmodation by Benches 32 6.17.7 Driveways 32 6.17.8 Surfacing and Drainage of Parking Areas and Access Lanes 33 6.17.9 Illumination of Parking Areas or Driveways 33 6.17.10 Landscaping 33 6.18 LOADING REGULATIONS 33 6.18.1 Required Number of Spaces 34 6.18.2 Access 34 6.18.3 Loading Space Dimensions 34 6.18.4 Location of Loading Space 34 6.18.5 _ .r , - .1 I •'t,• • s. - •te r_'v- • 35 6.18.6 Application of Loading Space Requirements 35 6.18.7 Landscaping 35 6.19 SIGHT VISi ILITY TRIANGLES 35 6.19.1 Corner ots on Municipal Streets 35 6.19.2 At Railway Grade Crossings 35 6.19.3 At Street Intersections with County or Provincial Roads 36 6.19.4 Railway Buffer 36 6.20 REDUCTION OF REQUIREMENTS 36 6.21 OPEN STORAGE REGULATIONS 37 6.21.1 Minimum Setbacks 37 6.21.2 Fencing 37 6.21.3 Surface Treatment 37 6.21.4 Parking and Loading Spaces to be Preserved 37 6.21.5 Lighting 38 6.22 ACCESSORY USES 38 6.22.1 Where Permitted 38 6.22.2 Lot Coverage 38 6.22.3 Location 38 6.22.4 Separation from the Main Building 38 6.22.5 When Permitted 38 6.23 ACCESSORY DWELLING UNIT CONTAINED WITHIN A NON- RESIDENTIAL BUILDING OR STRUCTURE 38 6.23.1 Setbacks and Yards 39 6.23.2 Lot Area 39 6.23.3 Lot Frontage 39 6.23.4 Minimum Dwelling Unit Gross Floor Area 39 6.23.5 Number of Dwelli g Units 39 6.24 ACCESSORY DETACHED DWELLING 39 6.24.1 Provisions 40 6.25 HOME OCCUPATIONS 40 6.26 COUNTY OR PROVINCIAL ROAD RIGHT -OF -WAY SETBACKS 41 6.27 SIGNS 41 6.28 MUNICIPAL ROADS 42 6.28.1 Municipal Roads - Class 1 42 6.28.2 Municipal Roads - Class 2 42 6.29 ZONING OVER WATER BODIES 42 6.30 FENCING OF PRIVATELY OWNED OUTDOOR SWIMMING POOLS 42 6.31 MAXIMUM HEIGHT REGULATIONS 42 6.32 SATELLITE DISHES 43 SECTION 7 - ESTABLISHMENT OF ZONES 44 7.1 GENERAL 44 7.2 ZONE SYMBOLS 44 7.3 SPECIAL PROVISIONS FROM OTHER BY -LAWS 44 7.4 INCORPORATION OF ZONING MAP 45 7.5 ZONING AP 45 7.5.1 Boundaries of the Zones 45 7.5.2 Precedence of Schedules 45 7.5.3 Streets and Rights -of -Way 46 SECTION 8 - GENERAL PROVISIONS FOR ALL AGRICULTURAL ZONES - A 47 8.1 ACCESSORY D TACHED DWELLINGS 47 8.2 ' t I I I ' I !� u ► .- I t - _ - - 47 8.3 EXISTING LOTS 48 SECTION 9 - AGRICULTURAL ZONE 1 - (General Agriculture) - Al 50 9.1 USES PE MITTED 50 9.2 ZONE PROVISIONS 50 9.3 SPECIAL PROVISIONS 51 SECTION 10 - AGRICULTURAL ZONE 2 (Restricted Agriculture) - A2 64 10.1 SPECIAL PROVISIONS 64 • SECTION 11 - GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES - R 66 11.1 LOCATION OF ACCESSORY UILDIN 66 11.2 ' - u_ - - - -! a- I sk -I ct1 4.1t 66 11.3 STORAGE OF UNLICENSED VEHICLES AND TRAILERS 67 11.4 NUMBER OF BUILDINGS PER I OT 67 11.5 EXISTING LOTS 67 SECTION 12 - PROVISIONS FOR RESIDENTIAL ZONE 1 (Detached Residential) - R1 68 12.1 ESES_P.ERIIIIIIED 68 12.2 ZONE PROVISIONS 68 12.3 SPECIAL PROVISIONS 69 SECTION 13 - PROVISIONS FOR RESIDENTIAL ZONE 2 (Seasonal Residential) - R2 . 73 13.1 USES PERMITTED 73 13.2 ZONE PROVISIONS 73 13.3 PROVISIONS FOR ISLAND DEVELOPMENT 73 13.4 SPECIAL PROVISIONS 73 SECTION 14 - PROVISIONS FOR RESIDENTIAL ZONE 3 (Suburban Residential) R3 75 14.1 USES PERMITTED 75 14.2 ZONE PROVISIONS 75 14.3 SPECIAL PROVISIONS (CHANGE OF USE) 75 14.4 SPECIAL PROVISIONS 76 SECTION 15 - PROVISIONS FOR RESIDENTIAL ZONE 4 (Estate Residential) - R4 78 15.1 USES PERMITTED 78 15.2 ZONE PROVISIONS 78 15.3 SPECIAL PROVISIONS 78 SECTION 16 - PROVISIONS FOR RESIDENTIAL ZONE 5 (Mobile Home Residential) - R5 79 16.1 USES PERMITTED 79 16.2 ZONE PROVISIONS 79 16.3 SPECIAL PROVISIONS 80 SECTION 17 - PROVISIONS FOR RESIDENTIAL ZONE 6 (Low Density Multiple Residential) - R6 81 17.1 USES PERMITTED 81 17.2 ZONE PROVISIONS 81 17.4 SPECIAL PROVISIONS 82 SECTION 18 - PROVISIONS FOR RESIDENTIAL ZONE 7 (Medium Density Multiple Family Residential) - R7 83 18.1 11SESTERMITTED 83 18.2 ZONE PROVISIONS 83 18.3 SPECIAL PROVISIONS 84 SECTION 19 - GENERAL PROVISIONS FOR ALL COMMERCIAL ZONES - C 85 19.1 MINIMUM SEPARATION OF COMMERCIAL BUILDINGS FROM RESIDENTIAL ZONES 85 19.2 OUTSIDE STORAGE AND DISPLAY 85 19.3 LIGHTING 85 19.4 ACCESSORY RESIDENTIAL USES 85 19.5 PLANING AREAS 85 19.6 NUMBER OF BUILDINGS PER LOT 85 19.7 EXISTING LOTS 85 SECTION 20 - PROVISIONS FOR COMMERCIAL ZONE 2 (Hamlet Commercial) - C2 86 20.1 USES PERMITTED 86 20.2 ZONE PROVISIONS 86 20.3 PROVISIONS FOLACCESSORY DETACHED DWELLINGS 87 20.4 SPECIAL PROVISIONS 87 SECTION 21 - PROVISIONS FOR COMMERCIAL ZONE 3 (Highway Commercial) - C3 . 88 21.1 USES PERMITTED 88 21.2 ZONE PROVISIONS 88 21.3 PROVISIONS FOR ACCESSQRYDWELLINGS 89 21.4 SPECIAL PROVISIONS • 89 SECTION 22 - PROVISIONS FOR COMMERCIAL ZONE 5 (Travel Trailer Park and Commercial Campground) -05 91 22.1 USES PERMITTED 91 22.2 ZONE PROVISIONS 91 22.7 SPECIAL PROVISIONS 92 SECTION 23 - PROVISIONS FOR COMMERCIAL ZONE 6 (Rural Commercial) - C6 93 23.1 USES PERMITTED 93 23.2 ZONE PROVISIONS 93 23.3 '0 S e' i •' DW L__► 94 23.4 SPECIAL PROVISIONS 94 SECTION 24 - GENERAL PROVISIONS FOR ALL INDUSTRIAL ZONES - M 95 24.1 DUFFER ON LANDS ADJOINING RESIDENTIAL ZONES 95 24.2 RAILWAY SPUR LINES 95 24.3 REQUIRED SERVICES 95 24.4 ACCESSORY RESIDENTIAL USES 95 24.5 CORNER LOTS 95 SECTION 25 - PROVISIONS FOR INDUSTRIAL ZONE 1(Rural Industrial) -M1 96 25.1 USES PERMITTED 96 25.2 ZONE PROVISIONS 96 25.3 PROVISIONS FOR ACCESSORY DWELLINGS 97 25.4 SPECIAL PROVISIONS 97 SECTION 26 - PROVISIONS FOR INDUSTRIAL ZONE 2 (Extractive Industrial) - M2 99 26.1 USES PERMITTED 99 26.2 ZONE PROVISIONS 99 26.7 SPECIAL PROVISIONS 100 SECTION 27 - PROVISIONS FOR INDUSTRIAL ZONE 4 (Light Industrial) -M4 101 27.1 USES PERMITTED 101 27.2 ZONE PROVISIONS 101 • 27.3 PROVISIONS FOR ACCESSORY DWELLINGS 102 27.4 SPECIAL. PROVISIONS 102 SECTION 28 - PROVISIONS FOR INSTITUTIONAL ZONE I 103 28.1 USES PERMITTED 103 28.2 ZONE PROVISIONS 103 28.3 SPECIAL PROVISIONS 104 SECTION 29 - PROVISIONS FOR OPEN SPACE ZONE 0S1 (General Open Space) - 0S1 105 29.1 USES PERMITTED 105 29.2 SITE REGULATIONS 105 29.3 BUILDING REGULATIONS 105 29.4 SPECIAL PROVISIONS 105 SECTION 30 - PROVISIONS FOR OPEN SPACE ZONE 2 (Waste Disposal) 0S2 106 30.1 USE P . MITTED 106 30.2 ZONE PROVISIONS 106 30.5 SPECIAL PROVISIONS 107 SECTION 31 - PROVISIONS FOR ENVIRONMENTAL PROTECTION AREA ZONE - EP 108 31.1 USES PERMITTED 108 31.2 SITE REGULATIONS 108 31.3 BUILDING REGULATIONS 108 31.4 SPECIAL PROVISIONS 108 SECTION 32 - PROVISIONS FOR PLANNED DEVELOPMENT ZONE - PD 110 32.1 USES PERMITTED 110 32.2 SPECIAL PROVISIONS 110 SECTION 33 - PROVISIONS FOR AIRPORT ZONE - AP 114 33.1 USES PERMITTED 114 33.2 ZONE PROVISIONS 114 33.4 SPECIAL PROVISIONS 115 SECTION 34 - ENACTMENT 117 34.1 CONFLICT WITH OTHER BY -LAWS 117 34.2 REPEAL OF EXISTING BY -LAWS 117 34.3 EFFECTIVE DATE 117 CORPORATION OF THE TOWNSHIP OF KINCARDINE BY -LAW NO. 82-08 A By -Law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of land and the erection and use of certain buildings and structures in the Township of Kincardine. Whereas the Council of the Corporation of the Township of Kincardine consider it advisable to restrict the use of land and the erection of buildings and structures on land situated within the Township of Kincardine. And whereas authority is granted under Section 39 of The Planning Act, R.S.O. 1980, Chapter 379, as amended, to the Council of the Township of Kincardine to exercise such powers; Now therefore the Council of the Corporation of the Township of Kincardine enacts as follows: SECTION 1 - TITLE This By -Law may be cited as the Restricted Area By -Law of the Township of Kincardine. SECTION 2 - APPLIC'ATION OF BY- AW No building or structure shall hereafter be erected or altered, and the use of any building, structure or lot shall hereafter not be changed in whole or in part except in conformity with the provisions of this By -Law. 3.1 The particular shall control the general; 3.2 The word "shall" is mandatory and not discretionary; and the word "may" is permissive; 3.3 Words used in the present tense shall include the future; and words used in the singular number shall include the plural and the plural shall include the singular, unless the context clearly indicates the contrary; 3.4 A "building" or "structure" includes any part thereof. 1 SECTION 4 - ADMINISTRATIVE PROVISIONS 4.1 APPLICATIONS, PLANS AND PERMITS 4.1.1 In addition to all the requirements of the Corporation's Building By -Law or any other By- Law of the Corporation, every application for a building permit shall be accompanied by a plan (prepared by an Ontario Land Surveyor if deemed necessary) in duplicate, (one copy of which shall be retained by the Chief Building Official) drawn to scale and showing the following: (a) The true dimensions of the lot to be built upon or otherwise used, and (b) The proposed location, height and dimensions of any building, structure or use proposed for such lot, and (c) The proposed locations and dimensions of any yards, setback, landscaped open space, off - street parking and loading facilities required by this By -Law, and (d) The location of all existing buildings and structures on the lot, and (e) A statement signed by the owner, disclosing the exact use proposed for each aforesaid building, structure or use giving all information necessary to determine if such proposed or existing building, structure or use conforms to the requirements of this By -Law. 4.1.2 No building permit shall be issued where the proposed building, structure, or use would be in violation of any of the provisions of this By -Law. 4.1.3 In addition to all other requirements of the Corporation, every application for a building permit shall be made in compliance with the Ontario Building Code Act, 1974, and amendments thereto. 4.2 CERTIFICATES OF OCCUPANCY No person shall change the use of any land covered by this By -Law or of any building or structure on any such land without first obtaining a Certificate of Occupancy from the Chief Building Official. For the purposes of this By -law, a Certificate of Occupancy is a certificate issued by the Chief Building Official certifying that the subject buildings or structures have been constructed in accordance with the Building Code Act and meet all other applicable municipal or provincial regulations and may be occupied and used for the use requested. 2 4.3 INSPECTION OF PREMISES The Chief Building Official or Zoning Administrator or any officer or employee of the Corporation under the direction of Council, upon producing proper identification, may enter at all reasonable times to inspect and examine any building or premises to which this By -law applies where there is reason to believe that any land has been used or any building or structure has been erected, altered, enlarged or used in violation of any of the provisions of this By -Law. 4.4 VIOLATIONS AND PENALTIES (a) Every person who contravenes any of the provisions of this By -Law is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 exclusive of costs for each such offence. (b) Every such fine shall be recoverable under The Provincial Offences Act, R.S.O. 1979, as amended, all the provisions of which apply, except that any imprisonment shall be as provided in The Municipal Act. The provisions of the Municipal Act, R.S.O. 198 Part XIX apply mutatis mutandis to this By -Law. 4.5 REMEDIES (a) In case any building or structure is, or is proposed to be erected, altered, reconstructed, extended or enlarged, or any building or structure (or part thereof) is, or is proposed to be, used in contravention of any requirement of this By -Law, such contravention may be restrained by action at the insistence of any ratepayer or of the Corporation pursuant to the provisions of Section 43 of The Planning Act, in that behalf. (b) Where a person guilty of an offence under this By -law has been directed to remedy any violation and is in default of doing any matter or thing required, such matter or thing shall be done at his expense. (c) Where a person has refused or neglected to reimburse the Corporation for the cost of such work, thing or matter done, the same may be recovered by the Corporation in a like manner as municipal taxes. (d) Where any By -Law of the municipality, passed under the authority of The Planning Act is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the By -law, the Court in which the conviction has been entered, and any Court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person or persons convicted. 3 4.6 YALIJMTY If any section, clause or provision of this By -Law, including anything contained in the schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By -Law as a whole or any part thereof other than the section, clause or provision or portion of the schedule so declared to be invalid and all remaining sections, clauses or provisions and schedules of this By -Law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. 4.7 LICENCES, PERMIT AND OTHER BY -LAW Nothing in this By -Law shall exempt any person from complying with the requirements of the Building By -Law or any other By -Law in force with the Corporation or from obtaining any licence, permission, permit, authority or approval required by this or any other By -Law of the Corporation unless hereinafter specifically stated. 4.8 GREATS ' STRICTIONS OF OTHERS TO GOVERN Nothing in this By -Law shall reduce the severity of restrictions lawfully imposed by a government authority having jurisdiction to make such restrictions. 4.9 HEALTH APPROVAL Where the issuance of a permit for a building or structure or change of use of an existing building or structure may affect any sewage system either on the subject lands or adjacent lands or any water supply, no building permit shall be issued for such building or structure unless the building permit application is accompanied by approval in writing from the Ministry of the Environment or approving agency for the proposed method of sewage disposal and water supply. 4.10 METRIC AND jmpERIALiQuiyALENTs All measurement figures used in this By -Law shall be metric measurement. The approximate imperial equivalents to the metric measurements used in this By -Law are shown in brackets following each such metric measurement and are provided for information purposes only and do not form part of this By -Law. 4 SECTLQN 5 - DEFINITIONS For the purposes of this By -law, the definitions and interpretations given in this Section shall govern. 5.1 "ACCESSORY" when used to describe a use, building or structure means a use, building, or structure subordinate incidental and exclusively devoted to the main use, building or structure located on the same lot therewith, unless specifically permitted by this By -law. 5.2 "AGRICULTURAL SF" means the use of land, buildings and structures for the growing of field crops, berry crops, tree crops; flower gardening, truck gardening; nurseries, aviaries, apiaries; farms for the grazing, breeding, raising, boarding or training of livestock; the breeding and raising of poultry, stockyards; forestry and reforestation; including the sale of such produce, crops, livestock, or poultry on the same lot, and shall include a detached dwelling accessory to the above, but shall not include kennels. 5.3 "AGRICULTURAL SE INTEN IV " means the predominant economic use of land, buildings or structures for the growing of mushrooms, a commercial greenhouse or the raising of one specific type of livestock in, where applicable, a certain type of housing situation, in a manner in which the number of animal units per year would be greater than those listed in the following table: COLUMN 1 COLUMN 2 COLUMN 3 Type of Livestock Type of Housing No. of Animal Units/Year Beef Cattle i) open feedlot with barn 31 ii) total confinement 36 Turkey broilers Not applicable 36 Chicken broilers Not applicable 42 Dairy Cattle i) free stall 36 ii) tie stall 38 iii)loose housing 31 Laying Hens i) caged 28 ii) floor housing 31 Hens (breeding flocks) Not applicable 36 Pullets Not applicable 36 Hogs (feeder) Not applicable 23 Hogs (dry sows) Not applicable 25 Horses Not applicable 23 Mink Not applicable 23 Rabbits Not applicable 31 Roasters Not applicable 36 Sheep Not applicable 36 5 Veal Calves (white) Not applicable 25 Any combination of livestock types shall constitute an intensive farm if a value greater than one (1) is obtained by using the following, calculations: (a) divide the number of animal units of each type of livestock by the figure given in column 3 preceding. b) add the resulting figures. EXAMPLE OF INTENSIVE AND NON - INTENSIVE AGRIC ULTURAL USES i) Non- Intensive a farm has 16 cows (dairy) and markets 150 feeder hogs per year 16 cows = 16 animal units (i.e. 1 cow = 1 animal unit) 150 hogs = 10 animal units (i.e. 15 hogs = 1 animal unit) Divide 16 by 31 (no. of animal units of dairy cattle in a loose housing situation considered to be intensive for the purposes of this By -law) Divide 10 by 23 (no. of animal units of hogs (feeder) considered to be intensive for the purposes of this By -law) 16 divided by 31 equals 0.516 and 10 divided by 23 = 0.435 added together 0.516 + 0.435 equals 0.951 0.951 is less than 1 therefore the farm is not an intensive farm for the purposes of this By -law. ii) Intensive a farm has 20 cows (dairy) and markets 195 hogs per year 20 cows = 20 animal units (i.e. 1 cow = 1 animal unit) 195 hogs = 13 animal units (i.e. 15 hogs = 1 animal unit Divide 20 by 31 (no. of animal units or dairy cows in a loose housing situation considered to be intensive for the purposes of this By -law) Divide 13 by 23 (no. of animal units of hogs considered to be intensive for the purpose of this By -law) 20 divided by 31 - 0.645 and 13 divided by 23 = 0.565 6 added together 0.645 + 0.565 = 1.21 1.21 is greater than 1 and therefore is an intensive agricultural use for the purposes of this By- law. NOTE: The above examples are for clarification and convenience and do not form part of this By -law. 5.4 "AGRICULTURAL USE, SPECIALIZED" means an intensive farm or land on which market gardening, orchards or a plant nursery provides the main occupation for the operator. 5.5 "AIRPORT HANGAR" means a building or structure designed and used for the shelter of aircraft. 5.6 JUDJKLBASIC_ST_Ejr, means the land area containing one or more runways plus additional graded land on both sides and both ends of the runway or runways. 5.7 "ALTER" when used in reference to a building or part thereof, means to change any one or more of the internal or external dimensions of such building or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word "alter" means to decrease the width, depth, or area of any required yards, setback, landscaped open space or parking area, to change the location of any boundary of such lot with respect to a street or land, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise. The word "altered" and "alteration" shall have a corresponding meaning. 5.8 "ANIMAL UNIT" means the number of that kind of livestock or poultry that would provide an amount of manure containing 68 to 77 kilograms (150 to 170 pounds) of nitrogen or that amount of manure sufficient to provide the nitrogen requirements of one acre of corn. The number of livestock and poultry that would produce 1 animal unit is as follows: Type of Livestock or Poultry Animal Basis (365 days) 1 Dairy cow (plus calf) 1 animal unit 1 Beef cow (plus calf) 1 animal unit 1 Bull 1 animal unit 1 Horse 1 animal unit 4 Sheep (plus lambs) 1 animal unit 4 Sows (plus litter to weaning) 1 animal unit 125 laying hens 1 animal unit 100 female mink (plus associated males and kits) 1 animal unit 2 Beef feeders (gain 181 -499 kg)(400 -1100 lb.) 1 animal unit 4 Beef feeders (gain 181 -340 kg)(400 -750 lb.) 1 animal unit 4 Beef feeders (gain 340 -499 kg)(750 -1100 lb.) 1 animal unit 15 hogs (gain 18 -90 kg)(40 -200 lb.) 1 animal unit 1000 broiler chickens or roasters 7 (1.8 -2.2 kg) (4 -5 lb.) 1 animal unit 300 Turkey broilers (5 -5.5 kg)(11 -12 lb) 1 animal unit 150 Heavy turkey hens (8.5 -9 kg)(19 -20 lb.) 1 animal unit 100 Heavy turkey toms (13.5 -14.5 kg.)(30 -32 lb.) 1 animal unit 40 veal calves (gain 40.8 -136 kg)(90 -300 lb.) 1 animal unit 1000 pullets 1 animal unit 5.9 "ASSEMBLY HALL" means a building or structure used for the assembly of persons for religious, charitable, philanthropic, cultural, private recreational or private educational purposes. 5.10 "ATTACHED" when used in reference to a building, means a building otherwise complete in itself which depends for structural support or complete enclosure upon a division wall or division walls shared in common with adjacent building or buildings. 5.11 "AUTOMOBILE CAR WASH" means a building or structure used solely for the washing and cleaning of motor vehicles and may include the sale of fuels to motor vehicles, but shall not include any other automotive use defined in this By -law. 5.12 "AUTOMOTIVE REPAIR ESTABLISHMENT" means a building and/or lot used for the servicing, repair, cleaning, polishing and greasing of motor vehicles and may include vehicular body repair, re- painting, oiling or under coating, but shall not include any other automotive use defined in this By -law. 5.13 "AUTOMOTIVE SALES ESTABLISHMENT" means a building and/or lot used for the display and sale of new or used motor vehicles and may include the servicing, repair, cleaning, polishing and greasing of motor vehicles, the sale of automotive accessories and related products or renting of motor vehicles, but shall not include any other automotive use defined in this By -law. 5.14 "AUTOMOBILE SERVICE STATION" means a lot, building or structure, where such goods are sold and such minor services are provided as are essential to the running operation of motor vehicles and may include the selling of refreshments to the travelling public by way of vending machines, and may include a coffee shop, but does not include a retail store, an automobile repair shop, the business of selling cars or other vehicles, and does not include a mechanical or coin - operated car washing establishment except that cars may be washed by the operator or an employee of the station with or without the aid of semi - automatic equipment. 5.15 "AUTOMOTIVE WRECKING ESTABLISHMENT" means a building and/or lot used for the wrecking or dismantling of motor vehicles and for the storage and sale of scrap material, salvage and parts obtained therefrom, but shall not include any other automotive use defined in this By -law. 5.16 "BASEMENT" means the portion of a building between two floor levels which is partly below finished grade level but which has at least fifty per cent of its height from finished floor to 8 finished ceiling above adjacent finished grade level for at least seventy-five (75) per cent of the building perimeter. 5.17 "BUILDING" means a structure having a roof, supported by columns or walls and used for the shelter or accommodation of persons, animals, goods or chattels. 5.18 "BUILDING BY -LAW" means any by -law of the Corporation regulating the erection, alteration and repair of buildings, for the time being in force and shall include the Ontario Building Code and, where applicable, the Property Standards By -law. 5.19 " __ D i " • . " u. �� means the building or structure in which is conducted the principal use of the lot on which it is situated. For clarity a dwelling accessory to an agricultural use is not a "main building" for the purposes of this By -law. 5.20 "BUILDING SETBACK" means the minimum horizontal distance between a defined line and the nearest part of any building or structure on the lot. 5.21 "BUSINESS OR PROFESSIONAL OFFICE" means any building or part thereof in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization. 5.22 "C'AMPGROUND" means a lot used for not more than seven (7) months in any consecutive ten (10) month period, for the parking and use of travel trailers, tent - trailers, tents or similar transportable accommodation, but not including a mobile home as defined in this By -law. 5.23 "CAMPGRO SITE" means a parcel of land within a campground intended for occupancy by travel trailers, tents, camper trailers and similar recreation vehicles together with all yards and open space defined in this By -law but shall not include a mobile home. 5.24 "CARPORT" means a covered structure attached to the wall of the main building and used for the storage of passenger motor vehicles. The roof of said structure shall be supported only by piers or columns so that 50% of its wall area adjacent to the lot line is unenclosed. 5.25 "CELLAR" means the portion of a building between two floor levels which has more than fifty per cent of its height from finished floor to finished ceiling below adjacent finished grade level for at least seventy -five (75) per cent of the building perimeter. 5.26 "CEMETERY" means a place for the burial of the dead. 5.27 "CENTRELINE" means the centreline of the right -of -way. 5.28 "CHIEF BUILDING OFFICIAL" means the officer or employee of the Corporation for the time being charged with the duty of enforcing the provisions of the Building By -Law of the Corporation. 9 • 5.29 "CHURCH" means a building dedicated to religious worship and may include a church hall, church auditorium, Sunday school, convent, monastery, parish hall or synagogue. 5.30 "CLINIC" means a building in which two (2) or more rooms are used by the health care professions and their staff for the purpose of consultation, diagnosis and office treatment of human patients, but does not include a hospital. Without limiting the generality of the foregoing, a clinic may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated with the clinic. 5.31 "CLINIC ,VETERINARIAN" or "VE ERINARIAN CLINIC" means a building in which two (2) or more rooms are used by a veterinary surgeon for the treatment of diseases and injuries of domestic and other animals. 5.32 "CLUB, PRIVATE" or "PRIVATE CLUB" means a building or part of a building or lot used as a meeting place for members of a chartered organization and shall include a lodge, a labour union hall, snowmobile club, curling club, and a skeet range clubhouse and a nudist camp. 5.33 "COMMERCIAL MOTOR VEHICLE" means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, police patrols, motor buses and tractors used for hauling purposes on the highways. 5.34 "COMMERCIAL USE" means the use of land, building or structure for the purpose of offices or retail buying or selling of commodities but does not include uses for warehousing, wholesaling, manufacturing or assembling of goods, or a shopping centre. (By - Law 85 - 09, Township Housekeeping) 5.35 "CONSERVATION AREA" means an area of land owned or leased Item 6 by the Conservation Authority and used for flood and By -Law erosion control purposes; and/or, day use recreational purposes. 5.36(a) "CORPORATION" means the Corporation of the Township of Kincardine. 5.36(b) "COUNCIL" means the Municipal Council of the Corporation. 5.37 "COUNTY" means the Corporation of the County of Bruce. 5.38 "COURT" means with respect to a motel or hotel, an open area bounded on all sides by buildings and used for such uses as a passive recreational area, swimming pool and deck, and children's play area. 5.39 "DAY NURSERY" means a day nursery as defined in the Day Nurseries Act, R.S.O., as amended. 5.40 "DRIVEWAY" means a vehicular passageway having at least one end thereof connected to a public thoroughfare, and providing ingress to and/or egress from a lot. 10 5.41 "DRIVE -IN THEATRE" means a place of public assembly intended for the screening and viewing of motion pictures by customers seated in motor vehicles parked thereon. 5.42 "DRY CLEANER'S DISTR.IBU ION STATION" means a building used for the purpose of receiving articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning elsewhere and for the pressing and distribution of any such articles or goods which have been subjected to any such process. 5.43 "DRY CLEANING ESTABLISHMENT" means a building where dry cleaning, dry dyeing, cleaning or pressing of articles or goods of fabric is carried on. 5.44 "DWELLING" (a) "DWELLING UNIT" means two or more rooms used or intended for the domestic use of one or more individuals living as a single house - keeping unit, with cooking, living, sleeping and sanitary facilities and a seasonal dwelling unit shall have a similar meaning but shall be limited to non - permanent occupancy. (b) "DETACHED DWELLING" means a separate dwelling unit constructed for permanent use and containing only one dwelling unit and occupied by one or more persons . (c) "SEASONAL DWELLING" means a detached dwelling unit constructed and used as a secondary place of residence for seasonal vacations and recreational purposes, and not as the principal residence of the owner or occupant thereof and is not intended for permanent occupancy, notwithstanding that it may be designed and/or constructed for year round or permanent human habitation. (d) "SEMI- DETACHED DWELLING" means one of a pair of attached single' dwelling units constructed for permanent use with a common masonry wall dividing the pair of dwelling units vertically, each of which has an independent entrance either directly from the outside or through a common vestibule. (e) "DUPLEX DWELLING" means a pair of dwelling units constructed for permanent use and divided horizontally into two separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule. (f) "TRIPLEX" means a building which is divided horizontally or vertically into three separate dwelling units each of which has an independent entrance, either directly or through a common vestibule. (g) f_t_EOLIRBLEM means a building which consists of two attached duplex dwellings, or a building containing only two storeys exclusive of basement, divided vertically into four dwelling units with either one or two complete walls in common with adjoining units and an independent entrance, either directly or through a common vestibule. 11 (h) "CONVERTED DWELLING" means a dwelling unit, constructed for permanent use, which has as well been converted so as to provide therein one additional dwelling unit provided the main dwelling unit was erected prior to the passing of the By -law and further any changes or alterations to the dwelling do not increase its area, height or volume or extend beyond the exterior limit of the existing building. (i) "BOARDING OR TOURIST HOUSE" means a dwelling unit, containing not more than ten rooms maintained for the accommodation of the public, in which the owner or head lessee supplies, for hire or gain, lodgings with or without meals for three or more persons but does not include any other establishment otherwise defined or classified in this By -law. (j) "DWELLING UNIT, BACHELOR" means a dwelling unit designed for the use of one person. (k) "TOWNHOUSE" means a building that is divided vertically into five or more dwelling units, each of which has independent entrances to a front and rear yard immediately abutting the front and rear walls of each dwelling unit. (1) "MAISONETTE" means a building that is divided vertically into five or more dwelling units each of which has independent entrances one to a common corridor and the other directly to an outside yard area adjacent to the said dwelling unit. (m) "APARTMENT" means a building consisting of five or more dwelling units, which units have a common entrance from the street level and the occupants of which obtain access to their dwelling units through common halls. 5.45 "EMPLOYEE, FARM, SEASONAL" means a person, including the family thereof, engaged by the owner of a lot to assist in the production and/or harvesting of crops on such lot for a period of at least thirty (30) days during the crop growing and harvesting season. 5.46 MRECTI when used in this By -Law includes building, construction, reconstruction and relocation and, without limiting the generality of the word, also includes: (a) any preliminary physical operation, such as excavating, filling or draining; (b) altering any existing building or structure by an addition, enlargement, extension or other structural change; and (c) any work for the doing of which a building permit is required under the Ontario Building Code. "ERECTED" and "ERECTION" shall have a corresponding meaning. 5.47 "EXISTING ", unless otherwise indicated, means existing on the date of passing of this By -law. 12 5.48 "EXTERNAL DESIGN" means the arrangement and/or pattern of materials forming the exterior of a building or structure. 5.49 "FAMILY" means an individual, or two or more persons inter - related by blood, marriage or legal adoption, or a group of not more than three unrelated persons living together as a single house - keeping unit, and includes non - paying guests, domestic servants, or not more than three of any combination of roomers or boarders. 5.50 "FUEL STORAGE ESTABLISHMENT" means a building, structure or depot designed and used exclusively as a storage facility for combustible liquids. 5.51 "GARAGE. PRIVATE" or "PRIVATE GARAGE" means a detached accessory building or portion of a dwelling designed and used for the sheltering of private motor vehicles, travel trailers, boats, and the storage of household equipment incidental to the residential occupancy and in which no business, occupation or service is conducted. 5.52 "GENERAL STORE" means a retail establishment which deals primarily in goods required by the residents of the immediate vicinity to meet their day -to -day household and shopping needs. 5.53 "GOLF COURSE" means a public or private area operated for the purpose of playing golf and includes a driving range or a miniature golf course if operated on the same property as a secondary use. 5.54 "GRADE" when used with reference to a building or structure, means the average finished ground elevation immediately adjoining the wall or walls in question or the base of the structure exclusive of any artificial embankment. When used with reference to a street, "grade" means the finished elevation of such street, road or highway as established by the Corporation or other authority having jurisdiction. 5.55 "GROSS FLOOR AREA" means the total of the floor areas of the storeys of all buildings on - a lot and shall include the floor area of any basement, apartment or areas common to the tenants which floor areas are measured between exterior faces of the exterior walls of the building at each floor level, but excluding car parking areas within the building and, for the purpose of this paragraph, the walls of an inner court are and shall be deemed to be exterior walls, or from the centreline of the common wall separating two buildings or other structures. 5.56 "GROUND FLOOR AREA" means the maximum area of a building measured to the outside walls at grade, excluding in the case of a dwelling house, any private garage, carport, porch, verandah, or sun room (unless such sun room is habitable at all seasons of the year), unfinished attic, basement or cellar. 5.57 "GUEST ROOM" means an accessory detached building or structure, without kitchen or sanitary facilities, and maintained for the accommodation of non - paying guests and not exceeding a maximum total floor area of 20 square metres (215 square feet) or a maximum building height of one (1) storey. 13 5.58 "HEIGHT" when used with reference to a building or structure, means the vertical distance between the average grade at the front of such building or structure to the highest point thereon exclusive of any ornamental dome, chimney, tower, cupola, steeple, church spire, water storage tank, electrical apparatus, television or radio antenna, orstructure for the mechanical equipment required for the operation of such building or structure. Without limiting the generality of the foregoing, the highest point shall be taken as: (a) in the case of a flat roof, the highest point of the roof surface or parapet, which ever is the greater. (b) in the case of a mansard roof, the deck roof line. (c) in the case of a gable, hip or gambrel roof, the mean heights between the eaves and ridge. Where the height is designated in terms of storeys it means the designated number of storeys above and including the first storey. 5.59 "HOME FOR THE GED" means a "home for the aged" as defined in the Homes for the Aged and Rest Homes Act, R.S.O. 1980, as amended. 5.60 "HOME OCCUPATION" means any occupation for gain or support conducted entirely within a dwelling unit provided that: (a) there is no external display or advertising other than a sign not larger than 0.2 m (2 square feet) which shall be attached to the wall of the main building; (b) there is not external storage of goods or material; (c) such home occupation is clearly secondary to the main use of the dwelling as a private residence; (d) not more than 25% of the ground floor area is used for the home occupation use; (e) such home occupation is conducted only by members of the family occupying the dwelling unit. 5.61 "HOTEL" means any hotel, tavern, inn, lodge, or public house in one main building or in two or more buildings used mainly for the purposes of catering to the needs of the travelling public by supplying food and furnished sleeping accommodation in rooms to which access is obtained through a common hall, together with any portion of the premises licensed under the Liquor License Act or used for permanent staff accommodation, but does not include any other establishment otherwise defined or classified in this By -law. 5.62 "HOSPITAL" means a hospital as defined under the Public Hospitals Act, R.S.O. 1970, or 14 under the Private Hospitals Act, R.S.O. 1970, as amended. 5.63 "INDUSTRIAL USE" means the use of any land, building or structure for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, storing or adapting for sale any goods, substance, article or thing, or any part thereof, and the storage of building and construction equipment and materials, as distinguished from the buying and selling of commodities and the supplying of personal services. 5.64 INDUSTRY, NON -EFFL TF.N PROD 1N " means an industrial use which does not utilize process waters and which does not produce waste waters. 5.65 "KENNEL" means a place where dogs or other household pets other than poultry are bred and raised and are sold or kept for sale or boarded. 5.66 "LANDSCAPED OPEN SPACE" means the open unobstructed space on a lot accessible from the street on which the lot is located and which is suitable for the growth and maintenance of grass, flowers, bushes and other landscaping and includes any surfaced walk, patio, planting area, or similar area but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure. 5.67 MANE means a public or private access not more than nine metres (thirty feet) in width which affords a secondary means of access to abutting property. 5.68 "LIBRARY" means a library, branch library or distribution to which the provisions of The Public Libraries Act, R.S.O. 1970, apply. 5.69 "LODGE" means one main building and/or two or more buildings used mainly for the purpose of catering to the needs of the tourist and travelling public by supplying food and furnishing sleeping accommodation, and recreation facilities, together with any portion of the premises licensed under the Liquor Licence Act, and includes any portion of the premises under for staff accommodation, but does not include any other establishment otherwise defined in this By -law. 5.70 "LOT" (a) means a parcel of land or contiguous parcels of land under one ownership, having frontage on a public street and which is described in a deed or other document legally capable of conveying an interest in land and which is on record in the Registry Office or Land Titles Office for the Bruce Registry Division; or (b) shown as a lot or block on a Registered Plan of Subdivision, but a Registered Plan of Subdivision for the purposes of this paragraph does not include a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision under a by -law passed pursuant to Section 29 of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970, as amended from time to time. 15 5.71 "LOT AREA" means the total horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered by water, or marsh or between the rim of the banks of a river or watercourse, provided that only the lot area lying within the zone in which a proposed use is permitted may be used in calculating the minimum lot area under the provisions of this By- law for such permitted use. In the case of corner lots having a street line rounding of a radius six metres (twenty feet) or less, the lot area of such lot shall be calculated as if the lot lines were produced to their point of intersection. 5.72 "LOT, CORNER" or "CORNER LOT" means a lot situated at the intersection of two or more streets or two parts of the same street of which the two adjacent sides upon the street line or street lines include an angle of not more than one hundred and thirty-five (135) degrees and where such adjacent sides are curved, the angle included by the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents of the street lines drawn through the extremities of the interior lot lines. 5.73 n means that percentage of the total lot area covered by buildings or structures, including accessory buildings or structures, above finished grade level. 5.74 "LOT DEPTH" means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, "lot depth" means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. When there is no rear lot line, "lot depth" means the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines. 5.75 "LOT FRONTAGE" means the horizontal distance between the side lot lines, such distance being measured perpendicularly to a line joining the middle of the front lot line with either the middle of the rear lot line or the apex of the triangle formed by the side lot lines at the minimum distance from the front lot line at which erection of buildings or other structures is permitted by this By -Law. 5.76 "LOT, INTERIOR" or "INTERIOR LOT" means a lot other than a corner lot and having frontage on one street only. 5.77 "LOT LINE" means any boundary of a lot. 5.78 "LOT LINE, FRONT" or "FRONT LOT LINE" in the case of an interior lot, means the line dividing the lot from the street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line abutting a street shall be deemed a side lot line. In the case of a through lot, the lot line which provides the principal means of access shall be deemed to be the front lot line and the opposite lot line shall be the rear lot line. 5.79 "LOT LINE, REAR" or "REAR LOT LINE" means the lot line farthest from and opposite to the front lot line. 5.80 "LOT LINE, SIDE" or "SIDE LOT LINE" means any lot line other than a front lot line or rear 16 lot line. 5.81 "LOT,_T.- TROUGH" or "THROUGH LOT" means a lot bounded on two opposite sides by streets but does not include a corner lot. 5.82 "MARINA" means a building, structure or place, containing docking facilities and located on a navigable waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale and where facilities for the sale of marine fuels and lubricants may be provided. 5.83 "MOBILE HOME" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent or seasonal residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed. A mobile home shall be distinguished from other forms of prefabricated transportable housing by reason of a design which permits and features ready transfer from place to place whereas the latter are intended to be moved once only to a final location. 5.84 "MOBILE HOME LOT" means a parcel of land within a mobile home park intended for occupancy by one mobile home unit together with all yards and open space required by this By- law. 5.85 '_"MOBILE HOM P RK" means a parcel of land containing two or more mobile home lots and which is under single management and ownership and which is designed and intended for residential or seasonal use where such residential occupancy is in mobile homes exclusively. 5.86 "MOBILE HOME PARK ROAD" means a space within a mobile home park designed and intended as a means of vehicular access to abutting mobile home lots; such mobile home park road may or may not be open to the general public on an equal basis.. 5.87 "MOBILE HOME P I PA " means a space within a mobile home park designed and intended as a place of recreation for the common use by residents of such mobile home park, and which may or may not be open to the general public on an equal basis. 5.88 "MOTEL" means one or more buildings used primarily for the purpose of catering to the travelling public by furnishing sleeping accommodation and may include permanent staff quarters, tourist cabins, sleeping and housekeeping units, but does not include any other establishment otherwise defined or classified in this By -law. For the purpose of this section, a (a) alOaSEKEEPataiMir means a unit for the overnight accommodation of the travelling public which may include sanitary and food preparation facilities. (b) "SLEEPING UNIT" means a unit for the overnight accommodation of the travelling public, but does not include food preparation facilities. 17 5.89 "MOTOR VEHICLE means an automobile, truck, motorcycle and any other vehicle propelled or driven otherwise than by muscular power but does not include cars of electric or steam railways or other motor vehicles running only upon rails. 5.90 "MUSEUM" means a public museum within the meaning of the Mortmain and Charitable Uses Act, R.S.O. 1970, as amended from time to time. 5.91 (a) "NON- CONFORMIN " shall mean a building or structure existing at the date of the passing of this By -law which is used for purposes not permitted by this By -law. (b) "NON- COMPLYING" shall mean a permitted use, building or structure existing at the date of the passing of this By -law which does not comply with a provision or provisions of their respective zone. 5.92 "NON- RESIDENTIAL" means designed, intended or used for a purpose other than a dwelling or a mobile home. 5.93 "NUISANCE" means any condition existing that is or may become injurious or dangerous to health or that prevents or hinders or may prevent or hinder in any manner the suppression of disease. 5.94 "NURSING HOME" means a nursing home as defined in the Nursing Home Act, R.S.O. , as amended. 5.95 "OFFICE" means a room or suite of rooms designed, intended or used for the conduct of a profession, occupation, or business, but shall not include the office of a veterinarian, the retailing of merchandise, the manufacturing, repairing, or storage of goods or any place of assembly or amusement. (By - Law 85 - 09, Township Housekeeping) 5.96 "PAR.K" means an area of land, playground or playfield which may include thereon one or more field houses, community centres, swimming pools, wading pools, greenhouses, skating rinks, tennis or badminton courts, bowling greens, curling rinks, refreshment rooms, arenas or similar uses. 5.97 "PARKING A FA" means an area provided for the parking of motor vehicles and includes aisles, parking spaces and related ingress and egress lanes but shall not include any part of a public street or public lane. 5.98 "PARKING LOT" means any parking area other than a parking area required under the provisions of this By -law. 5.99 "PARKING SPAC " means a space enclosed in a principal or accessory building or unenclosed, that is available for the parking of a motor vehicle and which is accessible from a street or lane. 18 5.100 "PERSON" means any human being, association, firm partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. 5.101 :PERSONAL SERVICE SHOP" means a building or part thereof in which services are provided and administered to the individual and personal needs of persons, and without limiting the generality of the foregoing shall include a barber shop, hairdressing shop, shoe repair shop, self - service laundry, or depot for the collection and delivery of dry cleaning and laundry. 5.102 "PIT" means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside pit. 5.103 "PLACE OF ENTERTAINMENT" means a motion picture or other theatre, arena, auditorium, public hall, billiard, pinball or pool room, bowling alley, ice or roller skating rink, but does not include any place of entertainment or amusement otherwise defined or classified in this By -law. 5.104 "PLANTING AREA" means the space on a lot upon which shrubs, trees, flowers, or grass are grown in accordance with the provisions of this By -law. 5.105 "QUARRY" means a place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial, or manufacturing purposes, but does not include a wayside quarry or open pit metal mine. 5.106 "RESTAURANT" (a) "RESTAURANT" means a building or structure or part thereof used to prepare food and offer for sale and sell food for immediate consumption within the building, or structure and may include a take -out service. (b) "DRIVE -IN RESTAURANT" means a building or structure or part thereof where food is prepared and offered for sale to the public for consumption within or outside the building or structure. (c) ''TAKE -OUT RESTAURANT" means a building or structure or part thereof where food is prepared and offered for sale to the public to be taken out and/or delivered, for the consumption off the premises. 5.107 "RETAIL FLOOR AREA" means the aggregate of the areas of all rooms where goods and services are made available for sale but shall not include storage areas or other commercial uses. 5.108 TAIL STORE" means a building or part of a building in which goods, wares, merchandise, articles or things are offered or kept for sale at retail, but does not include any establishment otherwise defined or classified in this By -law. 19 5.109 "SALVAGE YARD" means an establishment where goods, wares, merchandise, articles or things are processed for further use, and where such goods, wares, merchandise articles or things are stored wholly or partly in the open and includes a junk or scrap metal yard and an automobile wrecking yard. 5.110 "SANITARY SEWER" or "MUNICIPAL SYSTEM" means a system of underground conduits, operated either privately or by a municipal corporation or by the Ministry of the Environment, which carries sewage to a place of treatment which meets with the approval of the Ministry of the Environment. (By - law No. 91 - 09, Township Housekeeping) 5.110.1 "SATELLITE DISH" means a device intended for or capable of being used for receiving or collecting communication signals from a satellite. 5.111 "SCHOOL" means a school under the jurisdiction of a Board as defined in The Department of Education Act. 5.112 "SETBACK" means the shortest horizontal distance from a specified line or point to the nearest part of any building or structure on a lot. 5.113 "SEWAGE DISPOSAL SYSTEM" means a Class 4 or Class 6 system as defined by regulations made under the Environment Protection Act, R.S.O. 1974, or connection to a municipal sanitary sewer system approved under the Ontario Water Resources Act. 5.114 "SHOPPING CENTRE" means a group of non - residential uses predominantly retail commercial in nature and designed, developed and managed as a unit by a single owner or tenant, or group of owners or tenants as opposed to a business area comprising unrelated individual commercial uses. 5.115 "STOREY" means the portion of a building which is situated between the surface of any floor and the surface of the floor next above and directly over it and, if there is no floor above it, that portion between the surface of any floor and the ceiling above it. A "Storey" includes an attic having a height of more than 2 metres (6 feet) for at least 2/3 (two- thirds) of the area of the floor next below and also includes any portion of a building partly below ground if the ceiling of such part is 2 metres (6 feet) 'or more above finished grade. 5.116 "STOREY, HALF" or "HALF STOREY" means that portion of a building within a sloping room having a height of more than 2 metres (6 feet) for at least one -half (1/2) but less than two - third (2/3) of the area of the floor next below. 5.117 "STREET" means a public highway which affords the principal means of access to abutting lots but does not include a public lane or a private right -of -way. 5.118 "STREET, IMPROVED" or "IMPROVED STREET" means a public street that has been assumed by by -law by the Corporation as a public highway and has been constructed in such 20 a manner so as to permit its use by vehicular traffic. 5.119 "STREET LINE" means the dividing line between a lot and a street. 5.120 "STRUCTURE" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground, and includes walls, fences, signs, billboards, and private outdoor swimming pools but does not include free standing walls, hedges and fences. 5.121 "TENT" means a temporary structure used for temporary shelter and living accommodation that is not permanently fixed to the ground and is capable of being easily moved. 5.122 "TR.ANSMISSION TOWER" means a structure, over 20 metres (66 feet) in height, designed and erected for the purpose of transporting or carrying hydro electric power in quantities equal to, or greater than, 100,000 volts. 5.123 "TRAVEL TRAILER" means a structure designed, intended and used exclusively for travel, recreation and vacation and which is capable of being drawn or propelled by a motor vehicle or is self propelled and includes tent trailers or similar transportable accommodation but does not include a mobile home . 5.124 "USE" as a verb means anything permitted by the owner or occupant of any land, building or structure, directly or indirectly, or by or through any trustee, tenant, servant or agent acting for or with the knowledge and assent of such owner or occupant, for the purpose of making use of the said land, building or structure. The phrase "used for" includes "arranged for ", "designed for ", " maintained for" or "occupied for ". 5.125 "USE" as a noun, means any of the following depending on the context: (a) any purpose for which land, buildings or other structures may be arranged, designated, designed, intended, maintained, or occupied, or (b) any occupation, business, activity, or operation carried on, or intended to be carried on, in a building or other structure or on land, or (c) a name of a tract of land or a building or other structure which indicates the purpose for which it is arranged, designated, intended, maintained or occupied. 5.126 "WASTE DISPOSAL SITE " means any land upon, into, or through which waste is deposited or processed and any machinery or equipment or operation for the treatment or disposal of waste, but does not include the treatment or disposal of liquid industrial waste or hazardous waste. 5.127 "WATERCOURSE" means the natural channel for a stream and for the purpose of this By -law, includes the natural channel for intermittent streams. 21 5.128 "WATER FRONTAGE" means a piece of land abutting and providing access to, a watercourse, bay or lake. 5.129 "WATER SUPPLY PIPED" or "MUNICIPAL WATER" means a distribution system of underground piping and related storage, including pumping and purification appurtenances operated by a municipal corporation and/or the Ministry of the Environment and/or any public utilities commission for public use and which have been approved by the Ministry of the Environment. 5.130 "WAYSIDE PIT OR WAYSIDE QUARRY" shall mean a temporary pit or quarry opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right -of -way. 5.131 "WELL" means an underground source of water which has been rendered accessible by the drilling or digging of a hole from ground level to the water table and may include a private piped system from a surface water source. 5.132 " means a space appurtenant to a building or structure located on the same lot therewith and which space is open, uncovered and unoccupied from the ground upward except for such accessory buildings, structures, or uses as are specifically permitted elsewhere in this By -law. 5.133 "YARD, EXTERIOR SIDE" or "EXTERIOR SIDE YARD" means a side yard immediately adjoining a street. 5.134 "YARD, FRONT" or "FRONT YARD" means a yard extending across the full width of a lot, measured perpendicularly from the front lot line to the closest wall of any main buildings or structures on the said lot. 5.135 "YARD RE AR" or "REAR YARD" means a yard extending across the full width of a lot, measured perpendicularly from the rear lot line to the closest wall of any main building or structure on the said lot. 5.136 "YARD, SIDE" or "SIDE YARD" means a yard extending from the front yard, or front lot line where no front yard is provided, to the rear yard, or rear lot line where no rear yard is provided, measured perpendicularly from the side lot line to the closest wail of any main building or structure on the said lot. 5.137 "ZONE" means an area delineated on the Zoning Map Schedule established and designated by this By -law for a specific use. 5.138 "ZONING ADMINISTRATOR" means the officer or employee of the Corporation for the time being charged with the duty of enforcing the provisions of the Zoning By -law of the Corporation. 22 �\ \ ': 'ti • ■ . e: \_. 6.1 PERMITTED USES IN ALL ZONES a) Services and Utilities i) Nothing contained in this By -law shall prevent the Corporation, any telephone or telegraph company, any transportation system owned or operated by or for the Corporation, any Department of the Federal Government or Ministry of the Provincial Government, Ontario Hydro, any railway company and any local or County Board or commission from installing a watermain, sanitary sewer main, storm sewer main, gas main, pipeline or overhead or underground hydro and telephone line; provided that the location of such main or line has been approved by the Corporation. (By - Law 85 - 09, Township Housekeeping) Notwithstanding the generality of the foregoing, this approval by the Corporation shall not be required for any undertaking which has been approved under the Environmental Assessment Act. (By - Law 85 - 09, Township Housekeeping) ii) Any electric power facility of Ontario Hydro or any public utility corporation, and any receiving or transmitting tower and facilities of any radio or television station existing on the date of passing of this By -Law are permitted. b) Construction Facilities Any sheds, scaffolds or other structures incidental to building construction on the premises for so long as the same is necessary for work in progress which has neither been finished, nor abandoned provided any necessary permits are obtained. c) Ornamental Structures A statue, monument, cenotaph, fountain or other such memorial or ornamental structure. d) Signs and Signals Any government authorized traffic sign or signal, any public election list or government proclamation. 6.1.1 Public Buildings and/or Structures The erection of any building or structure designed for the use of office, storage and other uses, the construction or erection of transmission towers, and the use of land for outside storage, by the Corporation, any local or County Board or Commission, any telephone or telegraph company, any transportation system owned or operated by or for the Corporation, any 23 Department of the Federal or Provincial Government, Ontario Hydro, and any railway company must conform to all provisions of this By -Law. (By -Law 85 -09, Township Housekeeping) Notwithstanding the generality of the foregoing, this requirement to conform to all provisions of this By -Law shall not apply to any electric power facility of Ontario Hydro, where such facility has been approved under the Environmental Assessment Act. 6.2 MAKING OR ESTABLISHMENT OF PITS AND QUARRIES 6.2.1 The making or establishing of any pit or quarry shall be prohibited within the Corporate limits of the municipality, except in those areas which presently contain a pit or quarry and are shown as M2 on Schedule "A" attached to and forming part of this By -law. 6.2.2 Section 6.2.1 hereof shall not apply so as to prohibit the making or establishment of a "Wayside Pit" or "Wayside Quarry" as defined in the By -Law. 6.3 NON - CONFORMING USES 6.3.1 Nothing in this By -Law shall apply: (a) to prevent the use of any land, building or structure for any purpose prohibited by this By -Law if such land, building or structure was lawfully used for such purpose on the day of the passing of this By -Law, so long as it continues to be used for that purpose; or (b) to prevent the erection for a purpose prohibited by this By -Law of any building or structure the plans for which have, prior to the day of the passing of this By -Law, been approved by the Chief Building Official, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the erection of such building or structure is commenced within two years after the day of the passing of this By -Law and such building or structure is completed within one year after the erection thereof is commenced; or (c) to prevent the strengthening to a safe condition of any building or structure or part of any such building or structure which does not comply with the provisions of this By- law, provided such alteration or repair does not increase the height, size or volume or change the use of such building or structure; or (d) to prevent the restoration of any building or structure which is damaged by fire or an act of nature which does not comply with the provisions of this By -law, provided that: i) the Corporation has been offered and has refused to purchase the lands at fair market value; and ii) such restoration does not increase the height, size or volume or change the use 24 of such building or structure; and iii) such reconstruction shall comply with all applicable setbacks and yard provisions of the applicable zone. 6.3.2 A use of a lot, building or structure which under the provisions hereof is not permissible with the zone in which such lot, building or structure is located shall not be changed except to a use which is permissible within such zone, or such other compatible uses as may be approved under Section 42 of The Planning Act. (By -Law 85 -09, Township Housekeeping) 6.4 NON - COMPLYING USES Lands, buildings or structures which conform to the uses permitted in the applicable zone, but do not comply with one or more other provisions of the By -Law may be used or strengthened to a safe condition as provided for in the non - conforming uses section but where such building or structure is reconstructed or rebuilt as a result of forces beyond the control of the owner, then such reconstruction shall comply, as close as possible, with all applicable setbacks and yard provisions of this By -Law provided that such compliance does not have the effect of reducing the original height, size or volume of the building or structure. 6.5 FRONTAGE ON A PUBLIC STREET No person shall erect any building or structure in any zone unless (1) the lot upon which such building or structure is to be erected fronts upon a street which is an improved street and which has a perpendicular width of 20 metres (66 feet) or more, or (2) the lot upon which such building or structure is to be erected fronts upon a street which is an improved street and which has a perpendicular width of less than 20 metres (66 feet) and such building or structure to be erected upon such lot is set back a distance of 10 metres (33 feet) from the centreline of the street allowance in addition to the requirements of this By -Law with respect to the depth of the front yard or the width of the exterior side yard. 6.6 ESTABLISHED BUILDING LINE SETBACK Notwithstanding the yard and setback provisions of this By -Law to the contrary, where a permitted building or structure is to be erected on a lot in a built -up area, where there is an established building line extending on both sides of the lot, such permitted building or structure may be erected closer to the street line, or the centreline of the street as the case may be, than required by this By -Law provided such permitted building or structure is not erected closer to the street line or the centreline of the street, as the case may be, than the established building line on the date of passing of this By -Law. 6.7 EXTERNAL DESIGN The following building materials shall not be used for the exterior vertical facing of any wall of any building or structure within the Corporation: 25 (a) building paper; (b) asphalt shingle; (c) asphalt- insulating siding, exception on accessory non - residential farm buildings; or (d) asphalt roll -type siding, except on accessory non - residential farm buildings; or (e) unpainted Galvanized steel siding, except on accessory non - residential farm buildings. 6.8 THROUGH LOTS Where a lot is a through lot, a front yard shall be provided on each street on which the lot has frontage. 6.9 YARDS AND OPEN SPACE TO BE RESERVED When any part of a lot is required by this By -Law to be reserved as a yard or other open space, it shall continue to be used and maintained in all cases regardless of changes in ownership of such land or part thereof. The area for yards and other open space shall be computed using the area within the lot lines of the lot proposed for building purposes. (By -law No. 91 -09, Township Housekeeping) 6.10 a • • I u_A U U _ : I k The regulations prescribing the maximum height of any building or structure shall not, in any zone, apply to flag poles, radio or television receiving or transmitting equipment (excluding satellite dishes), grain elevators, windmills, farm silo or barns, church spires, belfries, cupolas, pent - houses, towers or domes not used for human occupancy, chimneys, smoke stacks, ventilators, sky- lights, water tanks, scenery lofts, bulk heads, firewalls and similar features and necessary mechanical appurtenances accessory to the building on which they are erected, including any roof signs erected and/or maintained in accordance with any by -law or regulation of the municipality from time to time in force; provided however, that such features are erected only to such heights as is necessary to accomplish their purpose. 6.11 DWELLING UNITS BELOW GRADE No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is located in a crilar such portion of the dwelling unit shall be used as a furnace room, laundry room, storage room, recreation room or for a similar use only and shall not be used for sleeping accommodation. However, a dwelling unit in its entirety, may be located in a basement in accordance with the permitted uses and regulations of this By -Law and provided the finished floor level of such basement is not below the level of any sanitary or storm sewer serving the building or structure in which the basement is located. 6.12 PHYSICALLY UNSUITABLE LANDS In any zone, no building or structure shall be erected on land where, by reason of its rocky, low - lying, marshy, or unstable character the cost of construction of satisfactory water works, 26 sewerage or drainage facilities is prohibitive. 6.13 WATERCOURSE SETBACKS Notwithstanding any yard provisions of this By -Law, no person shall hereafter erect any permanent building or structure in any zone which is: (a) closer than 15 metres (50 feet) from the edge of an Environmental Protection Area (EP) Zone; and (b) no portion of any sewage disposal system shall be located any closer than thirty (30) metres (100 feet) from any body of water or water course or open municipal drain except for a Class 6 system where the minimum setback distance for such system may be reduced to 15 metres (50 feet). 6.14 - - I _ • LI _ `• :_ .0 Notwithstanding the yard and setback provisions of this By -Law: 6.14.1 Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters, bay windows and other ornamental architectural features may project into any required yard but not more than 60 centimetres (24 inches). 6.14.2 Unenclosed porches, and covered or uncovered steps and patios may project into a required front or rear yard but not more than 1.5 metres (5 feet). 6.14.3 Exterior stairways may project into a required rear yard but not more than 1.5 metres (5 feet). 6.14.4 Open steel fire escapes may project into any required side or rear yard but not more than 1.5 metres (5 feet). 6.14.5 Balconies may project into any required yard but not more than 1.5 metres (5 feet). 6.14.6 Awnings, clothes poles, garden trellises, fences, retaining walls, recreational equipment and sitnilaL accessurics shall be permitted in a required yard. 6.14.7 Sewage disposal systems may project into a required front or rear yard but not be located closer than 3 metres (10 feet) to the front or rear lot line. 6.15 PLANTING AREAS 6.15.1 A required planting area shall consist of a dense screen of shrubs and/or evergreen trees, minimum 1 metres (3 feet) high when planted and of a type that will attain a minimum height of 3 metres (10 feet) at maturity and as well provide a year round visual barrier. The remainder of the ground surface shall be planted with any combination of shrubs, flower beds or grass. 27 6.15.2 Where interrupted by walkways or driveways, a planting area need not be provided closer than 1.5 metres (5 feet) to a walkway or 3 metres (10 feet) to a driveway. 6.15.3 Unless otherwise provided for in this By -law, a planting area shall have a minimum width of 3 metres (10 feet). 6.15.4 Where required on a street corner of a corner lot, a planting area shall be located in such a way as not to form an obstruction to traffic and as required by the sight visibility triangles required by this By -Law. (By -Law 85 -32, Township Housekeeping) 6.16 SETBACK FROM OS2 ZONE No building or structure erected or used for human habitation shall be located closer than 305 metres (1000 feet) to any 0S2 Zone. 6.17 OFF - STREET PARKING REGULATIONS Unless otherwise provided for in this By -Law, permanently maintained parking spaces shall be provided in accordance with the following regulations: 6.17.1 Required Number of Spaces Use. Minimum Number of Spaces 2 spaces per dwelling unit (a) Detached dwelling, Semi - Detached dwelling or converted dwelling (b) Dwelling for exclusive use by 1 space for every 2 dwelling units plus 1 space the elderly for every 4 dwelling units, or fraction thereof, to be set aside for and visually identified as visitor's parking. (c) Multiple Dwelling or dwelling 1 space per dwelling unit plus 1 space for every not otherwise specified herein. 4 dwelling units, or fraction thereof, to be set aside for and visually identified as visitor's parking. (d) Boarding or Lodging Home, 1 space per sleeping or guest room, plus 1 space Motel for each 20 square metres (215 square feet) of floor area or. fraction thereof, used for assembly, restaurants or the dispensing of food or drink. 28 (e) Church, Place of Worship 1 space for each 10 fixed seats or fraction thereof, or if no fixed seats, 1 space for each 10 square metres (110 square feet) of floor area, or fraction thereof, used for seating. (f) Auditorium, Convention or 1 space for each 5 fixed seats, or fraction Meeting Hall, Community thereof, or where no fixed seats, 1 space for Centre, Sports Arena, each 5 square metres (54 square feet) of floor Fairground, Stadium, Private area, or fraction thereof, used for seating Club, Lodge, Society, or any Institutional or Non - Profit Use or Place of Assembly not otherwise specified herein. (g) Elementary School Nursery space for each classroom plus one additional School, Day Nursery space for each office, or if the school contains a place of assembly, according to the requirements for such place of assembly, whichever is greater. (h) Secondary School, Vocational 3 spaces for each classroom plus 1 additional or Technical Training Schools, space for each office or, if the school contains or College a place of assembly, according to the requirement for such place of assembly, whichever is greater. (i) Funeral Home 1 space for each 5 fixed seats, or where no fixed seats, 1 space for each 5 square metre (54 square feet) of floor area in reposing rooms or fraction thereof, plus 1 space per funeral home vehicle. (j) Government Office, Bank, 1 space for each 40 square metres (430 square Financial Institution, and other feet) of gross floor area, or fraction thereof. office excluding those for the health care professions (k) Clinic or office for any of the 5 spaces for each member of the health care health care professions. professions. (1) Establishment for the sale and 1 space for each 5 square metres (54 square immediate consumption of food feet) of building floor area or fraction thereof, and/or drink on the premises, devoted to public use. including taverns, restaurants, public houses and similar uses. 29 (m) Drive -in or take -out 1 space for each 5 square metres (54 square establishment where food feet) of gross floor area or fraction thereof. and/or drink is purchased over the counter for consumption on or off the premises. (n) Retail Store, Personal Service 1 space for each 20 square metres (215 square Shop feet) of sales or service area or fraction thereof. (o) Laundromat, Automatic dry 1 space for each four machines, or 1 space for cleaning establishment each 20 square metres (215 square feet) of gross floor area, or fraction thereof, whichever is greater. (By - law No. 91 - 09, Township Housekeeping) (p) Automobile Car Wash 3 spaces per car wash bay. (q) Automobile sales and/or service 1 space for each 20 square metres (215 square establishment. feet) of gross floor area or fraction thereof. (By - law No. 91 - 09, Township Housekeeping) (r) Automobile service station 3 spaces per service or 3 spaces minimum, whichever is greater. (s) Automobile Repair Shop 1 space for each 20 square metres (215 square feet) of gross floor area or fraction thereof. (t) Place of recreation not 1 space for each 20 square metres (215 square otherwise specified herein. feet) of gross floor area or fraction thereof. (u) Industrial Use, Service and/or 1 space for each 100 square metres (1100 Repair Shop square feet) of gross floor area or fraction thereof, or 1 space for each 2 employees on the maximum working shift whichever is greater for the industrial service and/or repair uses, plus 1 space for each 40 square metres (430 square feet) or fraction thereof devoted to office use. (v) Wholesaling, warehousing or 1 space for each 100 square metres (1100 storage use square feet) of gross floor area or fraction thereof for the wholesaling, warehousing or storage uses plus 1 space for each 40 square metres (430 square feet), or fraction thereof devoted to office use. 30 (w) Commercial use establishment 1 space for each 20 square metres (215 square not otherwise specified herein. feet) of gross floor area or fraction thereof. (x) Mobile Home Park or 1 space for each mobile home lot or Campground campground site plus 1 space for every 4 such lots or sites, or fraction thereof, to be set aside for and visually identified as visitor's parking. 6.17.2 Calculation of Spam (a) When a building or lot accommodates more than one use or purpose, the required parking spaces shall be the sum total of the required parking spaces for the separate uses or purposes. Parking facilities for one use shall not be considered as providing required parking for any other use. (b) If calculation of the required parking spaces results in a fraction, the required parking spaces shall be the higher whole number. 6.17.3 Size and Accessibility of Parking Spaces Every parking space shall maintain a minimum area and width and shall be accessible from unobstructed manoeuvring aisles and shall be in accordance with the following regulations: (a) Angle Parking Angle Parking Manoeuvring Parking Space Length Aisle Width Space Width • 30° 5m(18ft) 4m(14ft) 3m(10ft) 45° 6m(20ft) 4m(14ft) 3m(10ft) 60° 6 m (20 ft) 6 m (20 ft) 3 m (lO ft) 90° 5m(18ft) 8m(26ft) 3m(10ft) (b) Parallel Parking Parking Manoeuvring Parking Space Length Aisle Width Space Width 7m(24ft) 3m(10ft) 3m(10ft) 6.17.4 Provisions and Location of Spaces (a) Parking spaces shall be provided at the time of erection of any building or structure, or at the time any building or structure is enlarged. 31 (b) Parking spaces shall be located on the same lot or within the same building as the use for which said parking is required. (c) Unless otherwise provided for herein, uncovered parking spaces may be located in the required yards provided that: (i) in any zone no parking shall be permitted on a lot closer to any street line than 3 metres (10 feet); and (ii) in any zone, and notwithstanding the provisions of this paragraph, no parking area for Residential uses containing 3 or more units shall be permitted within any front, interior or exterior side yards. 6.17.5 Application of Parking Requirements The parking area requirements referred to herein shall not apply to any building in existence at the date of passing of this By -Law so long as the floor area as it existed at such date is not increased and the building or structure is used for a purpose which does not require more parking spaces according to this section, than were required by its use at the date of passing of the By -Law. However, if a use is changed or a building is enlarged in floor area or there is an increase in number of employees, number of dwelling units or seating capacity or otherwise as would require an additional number of parking spaces, then such additional parking spaces shall be provided to the number required for such change. 6.17.6 Seating Accommodation by Benches For the purposes of Section 6.17.1 where seating accommodation is provided by benches, 0.5 metres (20 inches) of bench space shall be considered as equivalent to one (1) seat. 6.17.7 Driveways (a) A driveway serving a detached dwelling or a semi - detached dwelling shall have a width of 3 metres (10 feet) minimum, 6 metres (20 feet) maximum. A driveway serving any other use shall have a width of 3 metres (10 feet) minimum, 9 metres (30 feet) maximum. (b) The maximum width of any joint entrance and exit driveway measured along the street line shall be 9 metres (30 feet). (c) The minimum distance between a driveway and an intersection of street lines measured along the street line intersected by such driveway shall be 9 metres (30 feet). (d) The minimum angle of intersection between a driveway and a street line shall be 60 degrees. (e) Every lot shall be limited to the following number of driveways: 32 (i) Up to the first 30 metres (100 feet) of frontage measured along the street line - not more than 1 driveway. A residential use not one a Provincial or County Highway may have a U- shaped driveway. (ii) For each additional 30 metres (100 feet) of frontage measured along the street line - not more than 1 additional driveway to a maximum of three driveways. (f) Parking areas and associated driveway systems serving any use other than detached dwellings and semi - detached dwellings shall be designed in such a manner that any vehicle entering or leaving a street or public lane need not travel in a backwards motion. 6.17.8 . _ D _'1,1- • '.rt't: A - A so : - ;- Parking areas and driveways shall be surfaces and maintained with concrete, asphalt, or other hard surface and dustless materials provided, however, that crushed stone or gravel shall also be permitted for detached dwellings and semi - detached dwellings. Drainage shall be provided so as to prevent the flow of surface water onto adjoining lots. 6.17.9 Illumination of Parking Areas or Driveways When parking areas and/or driveways are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 9 metres (30 feet) above the adjoining finished grade and light shall be directed downward and away from adjoining lots. 6.17.10 Landscaping (a) Where, in any yard in any zone, a parking area which is required to provide for more than four off - street parking spaces adjoins a lot in a residential zone, a planting area of a minimum width of 3 metres (10 feet) shall be provided within the lot requiring such parking area and along the lot line adjoining such residential zone. (b) Where, in any yard in any zone, a parking area which is required to provide for more than four off - street parking spaces adjoins a street, then a planting area of a minimum width of 3 metres (10 feet) shall be provided within the lot requiring such parking area and along the lot line adjoining such street. 6.18 LOADING REGULATIONS The owner or occupant of any lot, building or structure erected or used for any purpose, other than an agricultural use, involving the frequent receiving, shipping, loading or unloading of persons, animals, goods, wares and merchandise and raw materials, shall provide and maintain at the premises, on the lot occupied by the building or structure and not forming part of a street or lane, within the zone in which such use is located, loading and unloading spaces in accordance with the following regulations: 33 • 6.18.1 Required Number of Spaces Gross Floor Area of Number of Loading Building or Structure Spaces Required 300 square metres 1 (3,300 square feet) or less over 300 square metres 2 (3,300 square feet) but not over 2500 square metres (27,000 square feet) over 2500 square metres, 3 (27,000 square feet) but not over 8000 square metres (87,000 square feet) over 8000 square metres 3 plus 1 additional space for each 10,000 (87,000 square feet) square metres (103,000 square feet) or fraction thereof in excess of 8,000 square metres (87,000 square feet) 6.18.2 Access In addition to the number of loading spaces, adequate space shall be provided for the parking of vehicles awaiting access to parking spaces, and any additional area as is necessary for the manoeuvring of a truck- trailer either into or out of the loading space. Access to loading spaces shall be by means of a driveway at least 6 metres (20 feet) wide contained within the lot on which the spaces are located and leading to a street or public lane located within or adjoining the zone in which the use is located. 6.18.3 Loading Space Dimensions Each loading space shall be at least 9 metres (30 feet) long, at least 3.5 metres (12 feet) wide and shall have a vertical clearance of at least 4.5 metres (15 feet). 6.18.4 Location of Loading Space No loading space shall be located in the required front yard nor shall any required off - street parking space be considered in calculating the required number of off - street loading spaces. On a corner lot loading spaces may be located between the main building and the flanking street but not within the required exterior side yard. 34 6.18.5 Surface and Drainage of Spaces and Driveways Loading spaces and driveways thereto shall be constructed of either asphalt, concrete or Portland cement binder and shall be maintained or treated so as to prevent the raising of dust or loose particles. Drainage shall be provided so as to prevent the flow or surface water onto adjoining lots. 6.18.6 Application of Loading Space Requirements The loading space requirements referred to herein shall not apply to any building in existence at the date of passing of this By -law so long as the floor area as it existed at such date is not increased. However, if a building is enlarged in floor area as would require an additional number of loading spaces, then such additional loading spaces shall be provided to the number required for such change. 6.18.7 Landscaping Where a loading area adjoins any residential zone or a street then a planting area of a minimum width of 3 metres (10 feet) shall be provided within the lot requiring such loading area and along the lot lines adjoining such residential zone or street. 6.19 SIGHT VISIBILITY TRIANGLES 6.19.1 Corner Lots on Municipal Streets In all zones, on a corner lot, no building or structure shall be erected and no vehicle shall be parked in such a manner as to materially impede vision above a height of 0.5 metres (20 inches) above the centre line grade of the intersecting streets in the triangular area bounded by the street lines of the corner lot and a line from the points along said street lines distant 10 metres (33 feet) from the point of intersection of the said street lines. 6.19.2 At Railway Grade Crossings (a) In all zones, on a lot abutting a railway where the railway and a street intersect at the same grade, no building or structure shall be erected and no vehicle shall be parked in such a manner as to materially impede vision above a height of 0.5 metres (20 inches) above the centre line grade of the intersecting street in the triangular area bounded by the right -of -way limit of the railway and the street line and a line from the points along such right -of -way limit and such street line distant 45 metres (150 feet) from the point of intersection thereof. (b) Where such railway and street intersect at an unprotected crossing, the sighting triangle shall be increased to a distance of 400 metres (1315 feet) measured along the railway right -of -way and 90 metres (300 feet) measured along the street line or such greater distance required by the Canadian Transportation Commission Regulations, as amended 35 • from time to time. 6.19.3 At Street Intersections with County or Provincial Roads (a) In all zones, on a corner lot having frontage on a County or Provincial Road, no building or structure shall be erected and on vehicle shall be parked in such a manner as to materially impede vision above a height of 0.5 metres (20 inches) above the centre line grade of the intersecting streets in the triangular area bounded by the street lines of the corner lot and a line from the points along said street lines distant 30 metres (100 feet) from the point of intersection of the said street lines. (b) The provisions of this Section shall not apply to built -up areas as defined herein, Towns, Villages or Cities as defined in the Highway Traffic Act; however, the provisions of Section 6.19.1 shall apply in these areas. For the purposes of this Section a "built -up area" means the territory contiguous to a highway and not within a city, town or village where: i) not less than 50% of the frontage on one side of the highway, for a distance of not less than 200 metres (660 feet) contains separate lots and such lots are occupied by non - agricultural uses including non -farm residential uses, businesses, schools or churches; or ii) not less than 50% of the frontage on both sides of the highway for a distance of not less than 100 metres (330 feet) contains separate lots and such lots are occupied by non - agricultural uses including non -farm residential uses, businesses, schools or churches. 6.19.4 Railway Buffer No dwelling shall be erected closer than 30 metres (100 feet) to the right -of -way of any railway and a planting area shall be provided within the lot containing the dwelling and between the said dwelling and any such right -of -way. 6.20 REDUCTION OF REQUIREMENTS 6.20.1 No person shall: (a) change the purpose for which any lot, building or structure is used, or (b) erect any new building or structure, or (c) add to or take away from any existing building or structure, or (d) reduce any lot in area by conveyance or alienation of any portion thereof or otherwise, if the effect of such action is to cause the original, adjoining, remaining or new building structure or lot to be in contravention of this By -Law. 36 6.20.2 In the event that a contravention of this By -Law occurs as a result of any action described in Section 6.20.1, no building or structure located on the lot shall thereafter be used until the requirements of this By -law applicable thereto are complied with. 6.20.3 The provisions of Section 6.20.1 and 6.20.2 shall not apply to lands severed pursuant to the provisions of The Expropriations Act or to street widenings acquired by a governmental authority. 6.21 OPEN STORAGE REGULATIONS 6.21.1 Minimum Setbacks (a) The minimum setback front any front, side or rear lot line of any permitted open storage in any zone shall be no less than the respective minimum front, side or rear yard or the zone in which the said open storage is located unless otherwise specified hereinafter. (b) In any lot in an industrial zone, where any side or rear lot line abuts a lot in the same zone as the zone in which the said lot is located, the minimum setback of any open storage shall be 3 metres (10 feet) from the said side or rear lot line. 6.21.2 Fencing Except for a lot used for any defined "Automotive" use, other than an Automotive Wrecking Establishment, any permitted open storage which adjoins a street, or a lot in any zone other than the zone in which the said open storage is located or an agricultural zone, shall be screened from view from the said street or lot through the erection and maintenance of a fence having a minimum height of 2 metres (6 feet). Said fence shall be erected no closer to any lot line than the minimum setback required for open storage. 6.21.3 Surface Treatment Any permitted open storage area, or vehicular access thereto, involving the storage, parking or display of motor vehicles for the purpose of sale, lease, rental, washing, service or repair, or any - primary means of vehicular access to any permitted open storage area, shall be constructed and maintained with a stable surface which shall have a Portland Cement or asphaltic binder, or other hard surface or dustless material, and shall include provisions for adequate drainage facilities. 6.21.4 Parking and Loading Spaces to be Preserved Any areas used for permitted open storage shall be in addition to and separate from such areas as may be required by this By -Law for the provisions of off - street parking or loading spaces. 37 6.21.5 Lighting Where lighting facilities are provided in conjunction with any permitted open storage, such lighting shall be so arranged as to deflect light onto the open storage area and away from any adjoining properties. 6.22 ACCESSORY USES 6.22.1 Where Permitted Where this By -Law provides that a lot may be used or a building or structure may be erected or used for a purpose, that purpose shall include any accessory building or structure or accessory use, but shall not include (1) any occupation for gain or profit conducted within a dwelling unit on the lot, except as in this By -Law is specifically permitted or, (2) any building used for human habitation except as in this By -Law is specifically permitted; provided, however, that this provision shall not apply to a detached dwelling in an agricultural zone. 6.22.2 Lot Coverage The total lot coverage of all accessory buildings on a lot shall not exceed 8% of the lot area, however in no case shall the total number of accessory buildings exceed 3; with the exception of an agricultural zone. 6.22.3 Location In any zone other than a residential zone, the yard requirements herein shall apply to both main and accessory buildings. 6.22.4 Separation from the Main Building The minimum distance between a detached accessory building and the main building to which it is accessory shall be 3 metres (10 feet). 6.22.5 When Permitted Notwithstanding any of the provisions of this By -Law, no accessory building, structure or use shall be erected, or used until the principal building, structure or use is completed in compliance with the provisions of this By -Law. 6.23 ACCESSORY DWELLING UNIT CONTAINED WITHIN A NON- RESIDENTIAL BUILDING OR STRUCTURE No person shall use any part of a non - residential building as an accessory dwelling unit except in accordance with the following provisions: 38 6.23.1 Setbacks and Yards Minimum setbacks and yards shall be provided in accordance with the minimum setback and yard provisions for the non - residential building or structure in which the dwelling unit is located. 6.23.2 Lot Area The minimum lot area provisions for the non - residential building or structure shall be increased by 1000 square metres (10,800 square feet) for each dwelling unit contained therein. 6.23.3 Lot Frontage The minimum lot frontage provisions for the non - residential building or structure shall be increased by 15 metres (50 feet) for each dwelling unit contained therein. 6.23.4 Minimum Dwelling Uni Gros Floor Area (a) Bachelor dwelling unit 40 square metres (430 square feet) (b) Dwelling unit containing 60 square metres (650 square feet) one bedroom (c) Dwelling unit containing 70 square metres (755 square feet) two bedrooms (d) Dwelling unit containing 90 square metres (970 square feet) three bedrooms (e) Dwelling unit containing 90 square metres (970 square feet) more than three bedrooms plus 10 square metres (110 square feet) for each bedroom in excess of three. 6.23.5 Number of Dwelling Units The maximum number of dwelling units shall be one for each non - residential use. 6.24 ACCESSORY DETAC ED DWELLING No person shall use any lot or erect, alter or use any building or structure for the purposes of a detached dwelling, accessory to a non - residential use permitted by this By -Law, except in accordance with the following provisions: 39 6.24.1 Provisions Setbacks and Yards for minimum 7.5 metres (25 feet) from detached dwelling any lot line or road allowance. Lot Area - private services minimum lot required for non - residential use(s) plus 3000 square metres 33,000 square feet) except in an Agricultural Zone; in which case, no additional area is required. - one or more municipal services minimum lot area required for non- residential use(s) plus 1500 square metres (16,200 square feet) except in an Agricultural Zone; in which case no additional area is required. Lot Frontage minimum lot frontage required for non- residential use(s) plus 30 metres (100 feet) except in an Agricultural Zone; in which case, no additional frontage is required. Gross Floor Area minimum 80 square metres (860 square feet) Building Height maximum 10 metres (33 feet) Lot Coverage maximum 5% 6.25 HOME OCCUPATIONS Where listed as a permitted use, a home occupation may be carried on in a dwelling provided that the following regulations are complied with: (a) Such use shall be for the exclusive use of the householder only. (b) Not more than 25% of the ground floor area of the dwelling shall be used for such use. (c) There shall be no display material visible from a public street except for one unlighted sign indicating the name and business of the occupant, and not exceeding 0.2 square metres (2 square feet) in area. 40 (d) There shall be no outdoor storage of goods or materials. (e) There shall be no sale of goods other than those produced on the premises. (f) No machinery or mechanical equipment of any kind shall be used on the premises in connection with such occupation other than those normally associated with a household. (g) No exterior alterations shall be made to the buildings or premises in connection with such occupation. (h) Use of the premises in connection with such occupation shall in no way be offensive, obnoxious, or dangerous to the neighbours of the area by reason of the emission of light, heat, fumes, noise, vibration, gas, dust, odour, air -borne waste or pollution, or through frequency of delivery by commercial carriers. (i) No use shall be permitted which would result in a commercial vehicle being parked or stored on an adjacent street except for temporary parking to permit normal pick -up or delivery. 6.26 • _ • :''•V i_11141 c - 1_ - 4 6.26.1 Notwithstanding any other provisions of this By -Law, no persons shall hereafter, in any zone: (a) erect any permanent residential building or structure closer than 33 metres (108 feet) to the centre line of any County or Provincial Road, with the exception of a private garage built on skids in an Agricultural Zone, or (b) erect any permanent non - residential building or structure including a mill, grain elevator or canning factory closer than 45 metres (150 feet) to the centre line of any County or Provincial Road, or (c) erect any permanent building or structure or use any land for purposes of a gravel pit or salvage yard closer than 45 metres (150 feet) to the limit of any County or Provincial Road. 6.26.2 Subsection 6.26.1 shall not apply to prevent the erection of a building or structure between two existing buildings not more than 100 metres (330 feet) apart closer to any County or Provincial Road than the average setback from such Road of the existing building, plus an additional 2 metres (6.6 feet), but in no case closer than 23 metres (75 feet) to the centre line. 6.27 SIGNS Except as otherwise provided, the provisions of this By -Law shall not apply to prevent the erection, alteration, or use of any sign provided such sign complies with the By -Laws of the Corporation regulating signs. 41 6.28 MUNICIPAL ROADS 6.28.1 Municipal Roads - Class 1 Roads under the jurisdiction of the Corporation and shown on Schedule "A" as Class 1 Roads shall for the purposes of this By -Law mean that the Corporation within reasonable limits will provide a level of municipal service on such roads as is customarily practised by the Corporation. For the purposes of this By -Law, County and Provincial Roads shall be considered to be Class 1 Roads. 6.28.2 Municipal Roads - Class 2 Roads under the jurisdiction of the Corporation and shown on the Schedule "A" as Class 2 shall for the purposes of this By -Law mean that the Corporation is not obligated to provide snow plowing or the provision of garbage collection on a year round basis. On Class 2 Roads, no building permits shall be issued for year round or permanent residential occupancy and no conversion permits or change of use permits to year round or permanent residential shall be issued notwithstanding that a building or structure may be designed and constructed for year round or permanent habitation. 6.29 ZONING OVER WATER BODIES For the purposes of this By -Law, all lands below the high water mark, or from the inland side of any shore road allowance, are zoned Environmental Protection Area. Such Environmental Protection Area Zone shall extend to the international boundary where applicable and shall include the Andrews Creek, Kincardine Creek, Penetangore and all inlakes over 0.5 hectares (1.25 acres) in area. 6.30 I ' - �.► DO IOUs A14 'OS _ The owner of every privately owned outdoor swimming pool, which is constructed subsequent to the passing of this By -Law, shall, within 96 hours of construction of the swimming pool and before placing any water in the pool, erect and maintain a fence completely enclosing the pool, which fence shall conform to the specifications of the applicable municipal swimming pool by- law. (By -Law 84 -39, Township Housekeeping) 6.31 MAXTMTJM HEIGHT REGULATIONS Notwithstanding Section 6.10 or any other provisions of this By -Law to the contrary, within those areas identified on Schedule "E" as Area 1, Area 2 and Area 3, no person shall erect or construct any building or structure, or any addition to any existing building or structure, the 42 highest point of which will exceed the following heights: (a) In Area 1, as shown on Schedule "E ", no building or structure may be higher than a height calculated based on the ratio of 1:7 from.the side perimeter of the airport runway strip, or the height restriction of the zone in which the land lies, whichever is the lesser. (That is, for every 7 metres calculated at a right angle to the side plane of the runway strip, building or structure height may be increased by 1 metre, until the prescribed maximum height restriction is reached). (b) In Area 2, as shown on Schedule "E ", no building or structure may be higher than a height calculated based on the ratio of 1:40 from the end of the airport runway strip, or the height restriction of the zone in which the land lies, whichever is the lesser. (That is, for every 40 metres calculated at a right angle to the end of the runway strip, building or structure height may be increased by 1 metre, until the prescribed maximum height restriction is reached). (c) In Area 3, as shown on Schedule "E ", no building or structure may be higher than a height calculated based on the ratio of 1:20 from the end of the airport runway strip, or the height restriction of the zone in which the land lies, whichever is the lesser. (That is, for every 20 metres calculated at a right angle to the end of the runway strip, building or structure height may be increased by 1 metre, until the prescribed maximum height restriction is reached. (By -law No. 91 -09, Township Housekeeping) 6.32 SATELLITE JaISHES A satellite dish shall only be located within a rear yard in any Zone which permits residential uses and such satellite dish shall not exceed 4.5 metres in height, excepting, however, that: (i) On a corner lot, a satellite dish shall only be located within a rear yard or an interior side yard. 43 SECTION 7 - ESTABLISHMENT OF ZONES 7.1 GENERAL For the purposes of this By -Law, the land area of the Corporation is hereby divided into various generalized and specific "Zones" to which the provisions and regulations herein shall respectively apply. 7.2 ZONE SYMBOLS 7.2.1 The following Zones are hereby established and are designated on the Zoning Map Schedule by symbols consisting of letters and numbers or letters only, as the case may be: Zone Symbol Agricultural Zone 1 (General Agriculture) Al Agricultural Zone 2 (Restricted Agriculture) A2 Residential Zone 1 (Detached Residential) R1 Residential Zone 2 (Seasonal Residential) R2 Residential Zone 3 (Suburban Residential) R3 Residential Zone 4 (Estate Residential) R4 Residential Zone 5 (Mobile Home Residential) R5 Residential Zone 6 (Low Density Multiple Family Residential) R6 Residential Zone 7 (Medium Density Multiple Family Residential) R7 Commercial Zone 2 (Hamlet Commercial) C2 Commercial Zone 3 (Highway Commercial) C3 Commercial Zone 5 (Tent and Trailer Park and Commercial Campground) C5 Commercial Zone 6 (Rural Commercial) C6 Industrial Zone 1 (Rural Industrial) M1 Industrial Zone 2 (Extractive Industrial) M2 Industrial Zone 4 (Light Industrial) M4 Institutional Zone I Open Space Zone 1 (General Open Space) OS 1 Open Space Zone 2 (Waste Disposal) 0S2 Environmental Protection Zone EP Planned Development Zone PD Airport Zone AP 7.2.2 Whenever in this By -Law the term "Zone" is used, preceded or followed by any symbol, as the case requires, such combination shall refer to each and every area within the said zone. 7.3 SPECIAL PROVISIONS FROM OTHER BY -LAWS Where any of the zone symbols described in Section 7.2 are shown on Schedule "A" followed by a dash and number, (eg. C1- 17 -7), then special provisions to the normal zone provisions 44 apply to such lands. The number following the dash shall identify the by -law in which such special provisions may be found. Unless specified otherwise in the referenced by -law, all other provisions of the zone and this By -Law shall apply to the lands. 7.4 INCORPORATION OF ZONING MAP The locations and boundaries of the zones established by this By -law are shown on the map appended hereto and which is referred to as Schedule "A" and comprises the sectional parts of the zoning map and such maps together with everything shown thereon and all succeeding amendments thereto are hereby incorporated into and are declared to form part of this By -Law. 7.5 ZONING MAP 7.5.1 Boundaries of the Zones 7.5.1.1 Where any uncertainty exists as to the boundary of any zone as shown on the Zoning Map Schedule, the following provisions shall apply: a) where a zone boundary is indicated as following and is within the boundary of a street, lane, railway right -of -way, or watercourse, the boundary shall be the centre line of such street, lane, railway right -of -way or watercourse. b) where a zone boundary is indicated as approximately following lot lines shown on a registered plan of subdivision or lot lines of the original Township survey fabric, the boundary shall follow such lot lines. c) where a zone boundary is indicated as approximately parallel to any street line and the distance from the street line is not indicated, such boundary shall be construed as being parallel to such street line, and the distance therefrom shall be according to the scale shown on the Zoning Map Schedule. d) where a zone boundary is indicated as following a shoreline, the boundary shall follow such shoreline and, in the event that the shoreline changes, the boundary shall be taken as having moved with the shoreline. e) where any zone boundary is left uncertain after application of the provisions of clauses a), b), c) and d) above, then the boundary shall be determined by the scale shown on the Zoning Map Schedule. 7.5.1.2 Wherever it occurs, the municipal limit is the boundary of the zone adjacent to it. 7.5.2 Precedence of Schedules In the event of a conflict or inconsistency as between Schedule "A" and another Schedule, the other Schedule shall take precedence over Schedule "A" for those lands to which it more 45 particularly refers. 7.5.3 StrQets an Right - of Way A street, public lane, railway right -of -way, electrical transmission right -of -way, or watercourses shown on the Schedule hereto, unless otherwise indicated shall be included within the zone of adjoining property on either side thereof and where such street, public lane, right -of -way or watercourse serves as a boundary between two or more different zones, the centre line of such street, public lane, right -of -way or watercourse, and extending in the general direction of the long dimension thereof, shall be considered the boundary between zones unless otherwise indicated. 46 1► - .1 '.� 1►. 1. t t 4 1► 8.1 ACCESSORY DETACHED DWE. LINGS In any Agricultural Zone a maximum of one detached dwelling accessory to an Agricultural use may be erected on a lot. However, where two or more such detached dwellings lawfully exist on any single lot as of the date of passing of this By -Law, such dwellings are permitted by this By -Law so long as they continue to be used for that purpose. An accessory detached dwelling shall conform to all yard provisions of the Agricultural Zone in which it is located and to the following: a) the minimum ground floor area shall be 90 square metres (950 square feet) and dwellings not more than one (1) storey in height and 70 square metres (750 square feet) for dwellings exceeding one (1) storey in height. b) the maximum building height shall be 10 metres (33 feet). 8.2 's1 _ I• 111. • DU' / L• E In any Agricultural Zone, no facility for the storage of liquid manure intended to serve a livestock agricultural use shall hereafter be constructed or altered except in accordance with the following provisions. The manure storage facility shall: a) be constructed of masonry, metal, pressure treated timber or other impervious, durable material, and b) have walls that i) extend 1.5 metres (5 feet) or move above the surrounding grade level; with solid continuous fencing of plywood, metal panelling, or other suitable material, erected on top of or in contact with these walls. ii) extend 0.25 metres (10 inches) or more above the surrounding grade level; and have a solid cover of plywood, metal panelling or other suitable material erected on top of these walls; thus providing an effective top seal for the storage facility, and c) be adequate in size to contain the total amount of manure generated in any six -month period by the agricultural operation, and d) be sealed to prevent surface drainage or ground water from gaining entrance, and e) be erected not less than 20 metres (66 feet) from any lake, stream, pond, municipal drain. 0 notwithstanding the foregoing paragraphs, liquid manure storage lagoons may be 47 permitted provided that solid continuous fencing of plywood, metal panelling, or other suitable material extending to a height of at least 1.5 metres (5 feet) above the surrounding grade level, is erected around the perimeter of such lagoon and provided that such lagoon is located not less than 60 metres (200 feet) from any lake, stream, pond, municipal drain, or the edge of an Environmental Protection Area Zone boundary, whichever is greater. 8.2.1 For the purposes of Section 8.2, a liquid manure storage facility shall mean a permanent facility designed for the containment of manure produced by poultry or livestock and may include rectangular or circular storage units totally inground, totally above ground or partially therein. 8.3 EXISTING LOTS a) In any Agricultural Zone, an existing lot may be used for any non - residential use permitted by the applicable zone notwithstanding that such lot may have a lesser lot area and/or frontage than the minimum required by the applicable zone, provided that all other provisions of this By -Law are complied with. b) In any Agricultural Zone, an existing lot may be used for a non -farm residential dwelling provided that: i) any non -farm residential dwelling which is established or enlarged shall comply with the separation distances from existing livestock or poultry buildings as identified in the following table: SEPARATION DISTANCES FOR NEW OR ENLARGED NON RESIDENTIAL DWELT ING Animal Unit Size Within Separation Distance required Livestock or Poultry Building for Non -Farm Residential Dwelling 1 - 50 a.u.* 188 m (615 feet) 51 - 100 230 m (754 feet) 101 - 150 258 m (846 feet) 151 - 200 280 m (918 feet) 201 - 250 298 m (977 feet) 251 - 300 314 m (1030 feet) 301 - 350 328 m (1077 feet) 351 - 400 341 m (1118 feet) 401 - 450 353 m (1158 feet) 451 - 500 364 m (1195 feet) over 500 443 m (1455 feet) * animal units 48 ii) such lot and building shall conform to the provisions for non -farm residential uses in the "Al" Zone and all other provisions of this By -Law. (By -Law 84 -39, Township Housekeeping) (c) Notwithstanding the provisions of paragraph (b)(i) above, the Separation Distance requirements from the existing livestock buildings or manure storage facilities on Lots 34 - 37 inclusive, Concession "A" shall be 609 metres (2000 feet) for an Animal Unit size over 500. 49 • SECTION 9 - AGRICULT_ UAL, ZONE 1 - (Senerat Agric tee) Al 9.1 USESTERMITIED No person shall within the A 1 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Residential Uses a non - agricultural detached dwelling existing on the day of the passing of this By -Law - a non - agricultural detached dwelling in accordance with Section 8.3 (b) Non - Residential Uses agricultural uses intensive agricultural uses a home occupation liquid manure storage facilities wildlife sanctuaries conservation areas forestry buildings, structures and uses accessory to a permitted use a private sewage disposal system 9.2 ZONE PROVISIONS No person shall within the Al zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non - Residential Non -Farm Residential (By -Law No. 84 -35, Township Housekeeping) minimum lot area 37 hectares 1390 square metres (92 acres) (15000 sq. ft.) (By -Law 84 -35, Township Housekeeping) minimum lot frontage 100 metres (330 feet) 24 metres (80 feet) minimum side yard 20 metres (66 feet) 5 metres (16 feet) minimum rear yard 20 metres (66 feet) 10 metres (33 feet) minimum front yard 20 metres (33 feet) 10 metres (66 feet) minimum ground 25 square metres 70 square metres floor area (270 square feet) (755 square feet) for more 50 than one storey • 90 square metres (950 square feet) for one storey maximum height 20 metres (66 feet) 10 metres (33 feet) maximum lot coverage 15 % 10 % minimum separation 30 metres (100 feet) Not applicable from accessory detached dwelling 9.3 SPECIAL PROVISIONS (By -Law 87 -23, Bruce Agri -Park) 9.3.1 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 30, Concession "A ", in the Township of Kincardine, and delineated as 'Al - 87 -23' on Schedule "A" to this By -Law shall only be used for non -farm residential purposes, in compliance with the 'Al' Zone provisions contained in this By -Law, excepting however that: i) the minimum Lot Area shall be 9.3 hectares, and, ii) for the purposes of this Subsection "LOT AREA" shall mean the total horizontal area within the lot lines of a lot. (By - Law 90 - 06, Houghton) 9.3.2 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 23, Concession 6, in the Township of Kincardine, and delineated as 'Al- 89 -21' on Schedule "A" to this By -Law shall be used in compliance with the 'Al' Zone provisions contained in this By- Law, excepting however, that: (i) the 'Minimum Lot Area' shall be 19 hectares (47.0 acres); and, (ii) the 'Minimum Side Yard' (pertaining to the existing 14.0 metres x 49 metres hog barn only) shall be 3.0 metres. (By - Law 90 - 08 McLelland) 9.3.3 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 49, Concession 1 NDR and delineated as 'Al- 90 -08' on Schedule "A" to this By -Law shall be used for agricultural purposes in compliance with the 'Al' Zone provisions, excepting however, that: (i) the 'Minimum Lot Area' shall be 15.0 hectares (37 acres); and, (ii) the 'Minimum Lot Frontage' shall be 47.0 metres (154.0 feet). (By - law No. 90 - 14, Reid) 9.3.4 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 1 and all 51 of Lot 2, Concession 4, in the Township of Kincardine, and Delineated as 'Al- 90 -14' on Schedule "A" to this By -law shall be used in compliance with the 'A l' Zone provisions contained in this By -law, excepting, however, that: (i) the 'Minimum Lot Area' shall be 19.4 hectares (48 acres). (By - law No. 90 - 15, Wilson \Lewis) 9.3.5 (a) Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 25, Concession 6, Township of Kincardine and delineated as 'A1- 90 -15A' on Schedule 'A' to this By -law may be used for non -farm residential purposes in compliance with the 'A l' Zone provisions contained in this By -law, excepting, however, that: (i) the 'Minimum Lot Area' shall be 12,140 square metres (3.0 acres); (ii) the 'Minimum Lot Frontage' shall be 90 metres (295 feet) (b) Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 25, Concession 6, Township of Kincardine, and delineated as 'Al- 90 -15B' on Schedule "A" to this By -law, may be used for agricultural purposes in compliance with the 'Al' Zone provisions contained in this By -law, excepting, however, that: (i) no residential buildings or structures shall be permitted. (By - law No 90 - 24, Matheson) 9.3.6 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 9, Concession 7, Township of Kincardine and delineated as 'Al- 90 -24' on Schedule "A" to this By -law may be used for non -farm residential purposes in compliance with the 'Al' Zone provisions contained in this By -law, excepting, however, that: (i) the 'Minimum Lot Frontage' shall be 97 metres (318 feet); (ii) the 'Minimum Lot Area' shall be 19,900 square metres (4.9 acres). (By - law No. 91 - 13, Christian) 9.3.7 Notwithstanding their Al zoning designation, those lands described as Part of Lot 53, Concession `B', in the Township of Kincardine and delineated as 'A1- 91 -13' on Schedule 'A' to this by -law shall be used in compliance with the 'Al' zone provisions, contained in this By- law, excepting, however, that: i) for the purposes of this Subsection, Subsection 6.13 (a) shall not apply. (By - law No. 91 - 14, Canadian Agra) 9.3.8 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 29 and 30, Concession 'A', in the Township of Kincardine, and delineated as 'A1- 19 -14' on Schedule 'A' to this By -law shall be used in compliance with the 'Al' zone provisions and the General Provisions contained in this By -law excepting, however, that: 52 i) Permitted Uses a) In addition to the uses normally permitted in the 'Al' zone, office commercial uses related to the general administration of the Bruce Energy Centre, or a related industry, or airport- related office.commercial uses may be permitted and may include the following accessory or ancillary uses directly related to the intended primarily to serve the permitted office uses: a restaurant parking of aircraft on an open concrete apron adjacent to and connected to adjacent airport by means of a taxi -way an executive suite ii) Site Provisions a) Gross Floor Area allowable shall be 25% of the total lot area or 28,000 square feet, whichever is less; b) The total floor area devoted to the accessory or ancillary uses permitted above shall be limited to 10 percent of the gross floor area permitted by this By -law. c) Minimum Open Space provided shall be 50 % of total lot area: for the purposes of this Subsection, 'Open Space' shall be defined as open or landscaped lands, vacant of any structures and shall not include parking surfaces or any other surfaces similarly covered; — a sewage disposal system as approved by the Ministry of Environment or its duly authorized agent may be permitted within the 'Open Space' area; for the purposes of this Subsection, 'lot area' shall be defined as the total area zoned 'A1- 91 -14' on the Schedule 'A' to this By -law. d) All buildings or structures shall comply with any required setbacks from a Provincial Highway, as provided and maintained in accordance with the requirements of the Provincial Ministry of Transportation. e) Where a building or structure is located adjacent to a licensed airport, setbacks and height limitations shall be provided and maintained in accordance with the requirements of Transport Canada or the Municipal Zoning By -law, whichever is the most restrictive. f) Off - street parking for office and related accessory commercial uses shall be provided at a ratio of one space for each 28 square metres of floor space used for offices and related accessory commercial uses. g) No part of the lot within six (6) metres of the front lot line, in a front yard, that is not used for driveways, shall be used for parking and any part thereof not used for driveways shall be adequately landscaped. h) Minimum Front Yard Setback shall be 10 metres; i) Minimum Side Yard Setback shall be 10 metres; j) Minimum Rear Yard Setback shall be 10 metres; 53 f k) Minimum Lot Frontage shall be 300 metres; 1) Minimum Lot area shall be 59,140 square metres; m) Maximum building height shall be 20 metres, except where further restricted by any other authority or Zoning By -law provisions applicable in the vicinity of an airport; n) The parking of aircraft on an open, concrete apron shall be allowed on said apron which shall not exceed 25% of the total lot area in size. o) All aspects of the site development including buildings, landscaped areas, parking areas for vehicles and for aircraft, access and exits to and from the property shall comply with the approved site plan. iii) Other Provisions a) Unless specifically exempted by Subsections i), ii), or iii), all other provisions of the Comprehensive Zoning By -law of the Township of Kincardine shall apply to the use of the subject lands. (By - law No. 91 - 15, McConnell) 9.3.9 (a) Notwithstanding their Al zoning designation, those lands described as Part of Lot 17, Concession 7, in the Township of Kincardine and delineated as 'Al- 91 -15a' on Schedule 'A' to this by -law may be used for residential purposes in compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that: i) the 'minimum lot area' shall be 15,904 square metres (3.93 acres); ii) the 'minimum lot frontage' shall be 118 metres (390 feet); and iii) for the purposes of this Subsection, 'lot area' shall be defined as the total horizontal area within the lot lines. (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 17, Concession 7, in the Township of Kincardine and delineated as 'A1- 91 -15b' on Schedule 'A' to this By -law, may be used for agricultural purposes, in compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that: i) no residential structures shall be permitted. (c) Notwithstanding their 'A2' zoning designation, those lands described as Part of Lot 17, Concession 7, in the Township of Kincardine and delineated as 'A2 -21' on Schedule 'A' to this By -law, may be used for agricultural purposes in compliance with the 'A2' zone provisions contained in this By -law, excepting, however, that: i) no new residential structures shall be permitted (By - law 91 - 31, R. A. Stewart) 9.3.10 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 21 and 22, Concession 3, SDR, in the Township of Kincardine and delineated as 'Al -19- 54 31a' on Schedule 'A' to this By -law may be used for residential purposes, in addition to those uses normally permitted in compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that: • i) the 'minimum lot area' shall be 1.21 hectares (3.0 acres); and ii) the 'minimum lot frontage' shall be 100.6 metres (330 feet) (h) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 21 and 22, Concession 3, SDR, in the Township of Kincardine and delineated as 'A1 -91- 3lb' on Schedule 'A' to this by -law, may be used for agricultural purposes, in compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that: i) no new residential structures shall be permitted. (By - law 91 - 44, Canadian Agra /Elameo Farms) 9.3.11 (a) Notwithstanding their 'Al' zoning designation, those ands described as Part of Lot 1, Concession 3 NDR, in the Township of Kincardine and delineated as 'Al- 91 -44a' on Schedule 'A' to this By -law may be used for residential purposes, in addition to those uses normally permitted in compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that: i) the 'minimum lot area' shall be 0.9 hectares (2.25 acres); and ii) the 'minimum lot frontage' shall be 66.5 metres (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 1, and Lots 2 and 3, Concession 3 NDR and Part of Lot 1, Concession 4, in the Township of Kincardine and delineated as 'Al- 91 -44b' on Schedule 'A' to this By -law, may be used for agricultural purposes, in compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that: i) no new residential structures shall be permitted. (By - law 92 - 03, Klunder) 9.3.12 Notwithstanding their 'Al' zoning designation, those lands described as Lot 40, Concession 1 NDR and delineated as 'Al- 92 -03' on Schedule 'A' to this By -law may be used for agricultural purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting however, that: i) the 'minimum lot area' shall be 20.1 hectares (49.7 acres); and ii) the 'minimum lot frontage' shall be 201.2 metres (660 feet) (By - law 92 - 04, Johnson) 9.3.13 (a) ., :a . : • .. ' s.:a_ .;s .s .:.wr.:.a.'.0 . `,t. .:::. V • .T 'Al- 92 -04a' on Schedule 'A' to this By -law may be used for non -farm residential purposes, in 55 compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that: i) the 'minimum lot area' shall be 2.23 hectares (5.5 acres); and ii) the 'minimum lot frontage' shall be 142 metres (466 feet) (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 39 and 40, Concession 3, NDR, in the Township of Kincardine and delineated as 'Al -92- 04b' on Schedule 'A' to this by -law, may be used for agricultural purposes, in compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that: i) the `minimum lot area' shall be 48.3 hectares (119.24 acres); ii) the `minimum lot frontage' shall be 260.3 metres (854 feet); and, iii) no new residential structures shall be permitted. (By -law 92 -13, Green) 9.3.14 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 6, Concession 3, SDR, in the Township of Kincardine and delineated as 'A1- 92 -13a' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.68 hectares (4.15 acres) ii) the 'minimum lot frontage' shall be 129.5 metres; and, iii) for the purposes of this Subsection, 'lot area' shall be defined as the total horizontal area within the lot lines of the lot. (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 6, Concession 3, SDR, in the Township of Kincardine and delineated as 'A1- 92 -13b' on Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that: i) no residential buildings or structures shall be permitted. (By -law 92 -29, Ackert) 9.3.15 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 25 and 26, Concession 'A', in the Township of Kincardine and delineated as 'A1- 92 -24a' on Schedule 'A' to this By -law may be used for residential purposes in addition to those uses normally permitted in the 'Al' zone provisions, contained in this By -law, excepting, however, that: i) the 'minimum lot area' shall be 7.69 hectares (19 acres) ii) the 'minimum lot frontage' shall be 403.86 metres (1325 feet); and, iii) for the purposes of this Subsection, 'Lot Area' shall be defined as the total horizontal area within the lot lines. 56 (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 25 and 26, Concession 'A', in the Township of Kincardine and delineated as 'A1- 91 -24b' on Schedule 'A' to this By -law, may be used for agricultural purposes, in compliance with the 'A l' zone provisions, contained in this By -law. (By -law 92 -39, Morris) 9.3.16 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 25, Concession 10, in the Township of Kincardine and delineated as 'A1- 92 -39a' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 3.8 acres ii) the 'minimum lot frontage' shall be 260 feet. (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 25, Concession 10, in the Township of Kincardine and delineated as 'A1- 92 -39b' on Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that: i) no residential structures shall be permitted (By -law 93 -06, Can Agra) 9.3.17 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 7, Concession 11, in the Township of Kincardine and delineated as 'Al- 93 -06a' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.12 hectares (2.76 acres); ii) the 'minimum lot frontage' shall be 60 metres; iii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area within the lot lines of the lot. (By -law 95 -10, Can Agra) (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 7, Concession 11, in the Township of Kincardine and delineated as 'Al- 93 -06b' on Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with the 'Al' zone provisions contained in this By -Iaw, excepting, however, that: i) the minimum lot area shall be 39.03 ha (96.46 acres); ii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area within the lot lines of the lot. (By -law 93 -07, Can Agra) 9.3.18 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 9, 57 Concession 10, in the Township of Kincardine and delineated as 'Al- 93 -07a' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.5 hectares (3.7 acres); ii) the 'minimum lot frontage' shall be 84 metres; iii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area within the lot lines of the lot. (By - law 95 - 11, Can Agra) (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 9, Concession 10, in the Township of Kincardine and delineated as 'Al- 93 -07b' on Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that: i) the minimum lot area shall be 39.4 ha (97.25 acres); ii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area within the lot lines of the lot. (By - law 93 - 08, Can Agra) 9.3.19 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 30, Concession 3, in the Township of Kincardine and delineated as 'Al- 93 -08a' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 6 acres; ii) the 'minimum lot frontage' shall be 663 feet; iii) for the purpose of this subsection, `lot area' shall be defined the total horizontal area within the lot lines of the lot. (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 30, Concession 3, in the Township of Kincardine and delineated as 'Al- 93 -06b' on Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that: i) no residential structures shall be permitted (By - law 93 - 09, Penner) 9.3.20 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 55, Concession `B', in the Township of Kincardine and delineated as 'Al- 93 -09' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 0.36 hectares (0.89 acres); ii) the 'minimum lot frontage' shall be 60 metres. 58 (By -Iaw 93 -13, Collins) 9.3.21 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 21, Concession 5, in the Township of Kincardine and delineated as 'A1 -93 -a' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.98 acres; ii) the 'minimum lot frontage' shall be 275.1 feet; iii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area within the lot lines of the lot. (By - law 93 - 15, Hewitt) 9.3.22 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 27, Concession 5, in the Township of Kincardine and delineated as 'A1- 93 -15' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 3 acres; ii) the 'minimum lot frontage' shall be 330 feet; iii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area within the lot lines of the lot. (By - law 93 - 16, Schmidt) 9.3.23 Notwithstanding their 'Al' zoning designation, those lands described as the North half of Lot 6, Concession 7, in the Township of Kincardine and delineated as 'A1- 93 -16' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained in this By- law, excepting, however, that; i) the 'minimum lot area' shall be 20 hectares (50 acres); ii) the 'minimum lot frontage' shall be 500 metres. (By - law 94 - 04, Van de Klippe) 9.3.24 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 3 and 4, Concession 4, in the Township of Kincardine and delineated as 'A1- 94 -04' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 6071 square metres; ii) the 'minimum lot frontage' shall be 63.6 metres; iii) for the purposes of this Subsection, 'lot area' shall be defined as the total horizontal area within the lot lines of the lot. (By - law 94 - 05, Convay) 9.3.25 Notwithstanding their 'Al' zoning designation, those lands delineated as 'Al- 94 -05' on Schedule 'A' to this By -law, may be used for non -farm residential purposes in compliance with the 'Al' 59 zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 0.57 hectares (1.4 acres) ii) the 'minimum lot frontage' shall be 109.5 metres (359 feet). (By -law 94 -06, Eby) 9.3.26 Notwithstanding their 'Al' zoning designation, those lands delineated as 'A1- 94 -06' on Schedule 'A' to this By -law, may be used for non -farm residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 0.61 hectares (1.5 acres) ii) the 'minimum lot frontage' shall be 80.7 metres (265 feet); and, iii) Section 6.13(a) shall not apply. (By - law 94 - 20, Fair) 9.3.27 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 32, 33 and 34, Concession 1, S.D.R. in the Township of Kincardine and delineated as 'Al- 94 -20' on Schedule 'A' to this By -law, may be used for non -farm residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.45 hectares (3.5 acres); and, ii) the 'minimum lot frontage' shall be 110.64 metres (363 feet). (By - law 94 - 34, Stewart) 9.3.28 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 9 and 10, Concession 1, N.D.R. in the Township of Kincardine and delineated as 'A1- 94 -34' on Schedule 'A' to this By -law, may be used for non -farm residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.25 hectares (3.1 acres) ii) the 'minimum lot frontage' shall be 70 metres (230 feet). (By - law 95 - 19, Can Agra) 9.3.29 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 10, Concession 5, in the Township of Kincardine and delineated as 'Al- 95 -19a' on Schedule 'A' to this By -law, may be used for non -farm residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 0.56 hectares (1.4 acres); and, ii) the 'minimum lot frontage' shall be 57 metres (187 feet). (b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 10, Concession 5, in the Township of Kincardine and delineated as 'Al- 95 -19b' on Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that: 60 i) the minimum lot area shall be 39.9 ha (98.6 acres). (By - law 95 - 29, Shantz) 9.3.30 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 70, Concession 1 NDR, in the Township of Kincardine and delineated as 'A1- 95 -40a' on Schedule 'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 4.46 acres; ii) the 'minimum lot frontage' shall be 648 feet; iii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area within the lot lines of the lot. (By - law 95 - 34, Farrel) 9.3.31 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 38 and 39, Concession A, Township of Kincardine and delineated as 'A1- 95 -34' on Schedule 'A' to this By- law, may be used for residential purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 18 hectares (44 acres). (By - law 96 - 09, Morris) 9.3.32 a) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1 -96- 09a' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.8 hectares (4.4 acres); and, • ii) the 'minimum lot frontage' shall be 68 metres (223 feet). b) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'Al -96- 09b' on Schedule 'A' to this By -law may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that: i) the minimum lot area shall be 38.6 ha (95.5 acres). (By - law 96 - 21, Munro) 9.3.33 Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1- 96 -21.' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) a second dwelling may be erected on the lot; ii) the second dwelling may be a mobile home and shall only be permitted until July 1, 2006; iii) the minimum distance between a barn existing on the date of the passing of this by -law and the second dwelling shall be 5.4 metres (18 feet); and, 61 iv) the minimum ground floor area for the second dwelling unit shall be 38 square metres (409 square feet). (By - law 97 - 04, Woods) 9.3.34 a) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1 -97- 04a' on Schedule 'A' to this By -law, may be used for non -farm residential purposes, in accordance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.0 hectares (2.5 acres); and, ii) the 'minimum lot frontage' shall be 52 metres (171 feet). b) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'Al -97- 04b' on Schedule 'A' to this By -law may be used be used for agricultural purposes, in accordance with the 'Al' zone provisions contained in this By -law, excepting, however, that: i) the minimum lot area shall be 39.25 ha (97 acres). (By - law 97 - 09, Travis) 9.3.35 a) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1 -97- 09a' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 0.73 hectares (1.8 acres); and, ii) the 'minimum lot frontage' shall be 41 metres (135 feet). b) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1 -97- 09b' on Schedule 'A' to this By -law may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that: i) the minimum lot area shall be 39.5 ha (97.5 acres). (By - law 97 - 18, Maas) 9.3.36 Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1- 97 -18' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) the 'minimum lot area' shall be 1.2 hectares (3.1 acres); and, ii) the 'minimum lot frontage' shall be 61 metres (200 feet). (By - law 97 - 20, Hellerschmid) 9.3.37 a) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'Al -97- 20a' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; 62 i) the 'minimum lot area' shall be 1.2 hectares (2.96 acres); and, ii) the 'minimum lot frontage' shall be 94 metres (308 feet). b) Notwithstanding their 'A 1' zoning designation, where lands are delineated as 'A1 -97- 20b' on Schedule 'A' to this By -law may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that: i) the minimum lot area shall be 39.5 ha (97.5 acres). (By - law 1998 - 7, Jantzi) 9.3.38 Notwithstanding their 'Al' zoning designation, where lands are delineated as 'Al- 1998 -7' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained in this By -law, excepting, however, that; i) a cemetery, developed in accordance with the "I - Institutional" zone provisions contained herein, shall be permitted. (By - law 1999 - 23, Travers) 9.3.39 Notwithstanding their 'Al' zoning designation, those lands designated as 'Al- 1999 -23' on Schedule 'A' to this By -law, may be used for non -farm residential purposes, in compliance with the Al zone provisions contained in this by -law, excepting however, that: i) the minimum lot area shall be 1.5 hectares (3.7 acres); ii) the minimum lot frontage shall be 84 metres (275 feet); and, iii) "lot area" shall be defined as the total horizontal distance within the lot lines of a lot. 63 SECTIO 1 I- I: I _ • - All uses permitted and provisions of the Al zone apply to the A2 Zone save and except for intensive agriculture and liquid manure storage facilities. 10.1 SPECIAL PROVISIONS (By -Law 84 -19, Milne) 10.1.1 (a) Notwithstanding their A2 Zoning designation, those lands shown as 'A2- 84 -19 -A' on the Schedule "A" to this By -Law and described as Part of Lot 2, Concession 1, S.D.R., in the Township of Kincardine, shall only be used in compliance with the A2 Zone provisions contained within this By -Law, excepting however that: i) a non - agricultural detached dwelling may be permitted; and ii) the maximum lot area shall be 6200 square metres and the minimum lot frontage shall be 65 metres for non - agricultural detached dwelling; and iii) the minimum ground floor area for a non - agricultural detached dwelling shall be 55 square metres. (b) Notwithstanding their A2 Zoning designation, those lands shown as 'Al- 84 -19 -B' on the Schedule 'A" to this By -law and described as Part of Lot 3, Concession 1, S.D.R., Township of Kincardine, shall only be used in compliance with the 'AT Zone provisions contained within this By -Law, excepting however that: i) the minimum side yard for a residential use or a non - residential use shall be 15 metres. (By - Law 85 - 04, Haynes) 10.1.2 Notwithstanding their A2 Zoning designation, those lands described as Part of Lot 50, Concession 1, S.D.R., and identified by the Zoning Designation 'A2- 85 -04' on the Schedule 'A' of this By -Law may be used for the purposes of a non - agricultural detached dwelling in addition to those uses normally permitted in the 'A2' Zone, in compliance with the A2 Zone provisions contained in this By -Law, excepting however that: i) the minimum lot area and the minimum lot frontage for a non - agricultural detached dwelling shall be 7600 square metres and 100 metres, respectively. (By - Law 90 - 08 McLelland) 10.1.3 Notwithstanding their 'A2' Zoning designation, those lands described as Part of Lot 49, Concession 1 NDR, and delineated as 'A2- 90 -08' on Schedule "A" to this By -Law, shall be used for agricultural purposes in compliance with the 'A1- 90 -08' Zone provisions, excepting however, that: (i) intensive agriculture and liquid manure storage facilities shall not be permitted. 64 (By -law 90 -20, 788129 Ont. Ltd) 10.1.4 (a) Notwithstanding their 'A2' Zoning designation, those lands described as Part of Lot 17, Concession 6, Township of Kincardine and delineated as 'A2- 90 -20A' on Schedule "B" to this By -law shall be used for agricultural purposes in compliance with the 'A2' Zone provisions contained in this By -law, excepting, however, that: (i) the 'Minimum Lot Area' shall be 35 hectares (86.5 acres); (ii) for the purposes of this Subsection, 'Lot Area' shall be defined as the total horizontal area between the lot lines. (b) Notwithstanding their 'A2' Zoning designation, those lands described as Part of Lot 17, Concession 6, Township of Kincardine and delineated as 'A2- 90 -20B' on Schedule "B" to this By -law, shall be used for agricultural purposes in compliance with the 'Al' Zone provisions contained in this By -law, excepting, however, that: (i) the 'Minimum Lot Area' shall be 35.0 hectares (86.5 acres); (ii) for the purposes of this Subsection 'Lot Area' shall be defined as the total horizontal area between the lot lines. (By - law 95 - 14, Haynes) 10.1.5 Notwithstanding their 'A2' Zoning designation, those lands described as Part of Lot 50, Concession 1, S.D.R.,Township of Kincardine and delineated as 'A2- 95 -14' on Schedule "A" to this By -law shall be used for non -farm residential purposes in compliance with the 'A2' Zone provisions contained in this By -law, excepting, however, that: (i) the permitted uses shall include a commercial boarding kennel. 65 •\ ;_• • \- _ •::. - :_ . _1_ \ 4 • \_. - 11.1 LOC • TION OF ACCESSORY BUILDINGS (a) Attached buildings accessory to detached and semi - detached dwellings may be located in yards as follows: (i) Permitted in the front yard but not closer to the street line than the distance given by the required minimum front yard. (ii) Permitted in the rear yard but not closer than 2 metres (6 feet) to the rear lot line. (iii) For the purpose of side yards, the accessory building shall be considered as part of the main building and side yards shall be provided according to the relevant zone side yard regulations. (b) Detached buildings accessory to detached and semi - detached dwellings may be located in yards as follows: (i) Not permitted in the front yard or exterior side yard, except a pumphouse to supply domestic water supply. (ii) Permitted in the rear yard but not closer than 1 metre (3 feet) to the rear and side lot lines. (c) Attached buildings accessory to dwellings other than detached or semi - detached dwellings shall be considered as part of the main building and all yards shall be provided according to the relevant zone yard provisions. (d) Detached buildings accessory to dwellings other than detached or semi - detached dwellings may be located in a side or rear yard only and not closer than 2 metres (6 feet) to a side lot line or 1 metre (3 feet) to a rear lot line and not in any required planting area. 11.2 '- t ! _ - - • - • 4_t1 • u - (a) Garages may be erected across the side lot line common to any two adjoining lots provided that: (i) The garages for both lots are designed as one building, and (ii) A common wall, on and along the side lot line, shall divide the garages, and (iii) The garages for both lots shall be erected simultaneously. (b) Detached garages on lots which adjoin a body of water may be located in the front yard provided the lot upon which such building or structure is to be erected fronts upon an improved public street and adjoins a body of water and provided that such garage is not located closer than 7.5 metres (25 feet) from the front lot line and 3 metres (10 feet) from any side lot line. 66 (c) Detached accessory buildings, designed and used only for the storage of boats and boating accessories, and located on lots which adjoin a body of water, shall not require a rear yard setback but shall comply with all other provisions of the By -Law. 11.3 S _ _ • ► - -► - I _N ' t'- (a) The parking or storage of any unlicensed vehicles, disabled boat or unoccupied travel trailer within a Residential Zone for a period of more than two (2) weeks shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory building. However, one boat and one unoccupied travel trailer may be stored in a side or rear yard. (b) Automotive vehicles or travel trailers without current license plates shall not be parked or stored in any Residential Zone other than in completely enclosed buildings. 11.4 NUMBER OF BUILDINGS PER LOT Not more than one residential dwelling shall be erected on any one lot in any residential zone. 11.5 EXISTING LOTS In any Residential Zone an existing lot may be used in accordance with the applicable zone provided that: (i) where no municipal water or sewers are available the minimum lot area shall be 1,000 square metres ( 10,760 square feet) and the minimum lot frontage shall be 15 metres (50 feet). (ii) where either municipal water or private communal water systems, or municipal sewers are available the minimum lot area shall be 800 square metres (8,600 square feet) and the minimum lot frontage shall be 15 metres (50 feet). (iii) where municipal water and sewers are available the minimum lot area shall be 450 square metres (4,860 square feet) and the minimum lot frontage shall be 15 metres (50 feet). (iv) all other provisions of this By -law are complied with. • 67 SECTION 12 - PROVISIONS FOR RESIDENTIAL ZONE 1 (Detached Residential) - RI 12.1 USES PERMITTED No person shall within the R1 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses. (a) Residential Uses a detached dwelling (b) Non- Residential Uses a home occupation buildings, structures and uses accessory to a permitted use a sewage disposal system 12.2 ZONE PROVISIONS No person shall within any R1 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions No Municipal Either Municipal Municipal Water or Sewer Water or Sewer Water and Sewer minimum lot area 2000 m (21500 ft. 1000 m (10000 ft. 600 m (6460 ft minimum lot 40 metres 30 metres 15 metres frontage • (130 feet) (100 feet) (50 feet) minimum lot 43 metres 33 metres 18 metres frontage - (143 feet) (110 feet) (60 feet) corner lot minimum 7.5 metres 7.5 metres 7.5 metres front yard (25 feet) (25 feet) (25 feet) minimum 10 metres 10 metres 10 metres rear yard (33 feet) (33 feet) (33 feet) minimum 3 metres 3 metres 1.5 metres side yard (10 feet) (10 feet) (5 feet)(a) on one side on one side 68 -and- - and - 1.5 metres (5 feet) 1.5 metres (5 feet) on the other side . on the other side minimum 7.5 metres 7.5 metres 7.5 metres exterior (25 feet) (25 feet) (25 feet) side yard minimum 70 m (755 ft. 70 m (755 ft. 70 m (755 ft. ground floor greater than greater than greater than one storey one storey one storey 90 m (950 ft. 90 m (950 ft. 90 m (950 ft. one storey one storey one storey maximum building 10 metres 10 metres 10 metres height - main (33 feet) (33 feet) (33 feet) building maximum building 4 metres 4 metres 4 metres height - accessory (13 feet) (13 feet) (13 feet) building maximum lot 15 % 20 % 30 % coverage Footnote (a) Where no garage, carport or similar parking structure is provided, one side yard of at least 3 metres (10 feet) shall be provided. 12.3 SPECIAL PROVISIONS (By -Law 83 -37, Hewitt) 12.3.1 The lands shown as "R1- 83 -37" on the Schedule "E" to this By -Law shall only be used in compliance with the 'RP Zone provisions excepting however that: a) the maximum lot area shall be 5120 square metres (55113 square feet); b) the minimum lot frontage shall be 58 metres (190.3 feet); c) notwithstanding any of the minimum yard requirements of the 'Rl' Zone, the minimum separation distance between a detached dwelling and any livestock or poultry building shall be 144.2 metres (473 feet). 69 (By -Law 84 -02, Ackert) 12.3.2 Notwithstanding their 'R1' Zoning designation, those lands identified as "R1- 84 -02" on the Schedule "A" of this By -Law and described as Parts 1 and 2, Reference Plan 3R -2417, shall only be used in compliance with the 'R1' Zone provisions, excepting however that the minimum lot frontage shall be 39 metres. (By - Law 84 - 14, Drake) 12.3.3 Notwithstanding their 'R1' Zoning designation, those lands delineated as "R1- 84 -14" on Schedule "A" to this By -Law and described as Lot 113, Registered Plan 819, shall only be used in compliance with the 'Rl' Zone provisions contained in this By -Law, excepting however that a swimming pool existing as of the date of passage of By -Law No. 84 -14 may be permitted in the front yard. (By - Law 84 - 40, Women's House) 12.3.4 Notwithstanding their 'RP Zoning designation, those lands identified by the zone symbol 'R1- 84 -40' and described as Part of Lot 17, Concession "A ", Township of Kincardine, shall only be used in compliance with the 'R1' Zone provisions contained in this By -Law, excepting however, that a 'family resource centre' and uses accessory thereto may be permitted in the existing building in accordance with the "I" Zone provisions of this By -Law and in accordance with the following provisions: (i) the required number of off - street parking spaces shall be provided in accordance with Section 6.17(d) of this By -Law. For the purposes of this Subsection, a 'family resource centre' shall be defined as a place of transitional residence providing shared cooking, living, recreational, sleeping and sanitary facilities to women and their children during a crisis in their lives that may endanger their emotional, mental, social or physical condition or legal status. A 'family resource centre' as defined herein shall only be permissible if operated in accordance with the terms and stipulations of an agreement between its operators and the Ministry of Community and Social Services and in accordance with a hostel agreement under the General Welfare Act between its operators and the Corporation of the County of Bruce, and shall provide responsible supervision and counselling consistent with the particular requirements of its residents. (By - law No. 90 - 05, Millard) 12.3.5 Notwithstanding their 'R1' Zoning designation, those lands described as Part of Lot 27, Concession "A ", in the Township of Kincardine and delineated as 'R1- 90 -05' on Schedule "A" to this By -law shall be used in compliance with the 'R1' Zone provisions contained in this By -law, excepting, however, that: (i) the 'Minimum Lot Frontage' shall be 29 metres; (ii) the 'Minimum Lot Area' shall be 1,765 square metres. 70 (By -Law 91 -40, Eskrick) 12.3.6 Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1 -90 -7' on Schedule "A" to this By -Law and described as Part 1, Plan 3R -4682, township of Kincardine shall be used in compliance with the 'R1' Zoning. provisions contained in this By -Law, excepting however, that: (i) for the purposes of this Subsection, an improved street shall mean a public street which has been assumed by By -Law of the Corporation as a public highway. (By - law No. 95 - 30, Morris) 12.3.7 (a) Notwithstanding their 'RV Zoning designation, those lands delineated as 'R1- 95 -30a' on Schedule "A" to this By -law shall be used in compliance with the 'R1' Zone provisions contained in this By -law, excepting, however, that: (i) the `Minimum Lot Area' shall be 1700 square metres (18330 square feet) (ii) the 'Minimum Lot Frontage' shall be 28 metres (92 feet); (iii) the 'Minimum Side Yard' for dwellings existing at the date of the passing of this by -law shall be 1.5 metres (5 feet). (b) Notwithstanding their 'RV Zoning designation, those lands delineated as 'R1- 95 -30b' on Schedule "A" to this By -law shall be used in compliance with the 'R1' Zone provisions contained in this By -law, excepting, however, that: (i) the `Minimum Lot Area' shall be 2270 square metres (24450 square feet) (ii) the 'Minimum Lot Frontage' shall be 35 metres (115 feet); (iii) the 'Minimum Side Yard' for dwellings existing at the date of the passing of this by -law shall be 1.5 metres (5 feet); (By - law No. 95 - 31, Hartwick) 12.3.8 Notwithstanding their 'R1' Zoning designation, those lands described as Part of Lot 24, Concession A, Township of Kincardine, and delineated as 'R1- 95 -31' on Schedule "A" to this By -law shall be used in compliance with the 1 R1' Zone provisions contained in this By -law, excepting, however, that: (i) the `Minimum Lot Area' shall be 4000 square metres (43000 square feet) (ii) the 'Minimum Lot Frontage' shall be 30 metres (100 feet); (iii) the 'Minimum Interior Side Yard' for structures existing at the date of the passing of this by -law shall be 1.7 metres (5.6 feet). (By - law No. 97 - 14, Ferraro) 12.3.9 a) Notwithstanding their 'R1' zoning designation, where lands are designated as 'R1 -97- 14a' on Schedule 'A' to this By -law, may be used in compliance with the Rl zone provisions contained in this by -law, excepting however, that: i) Section 6.13 (a) Watercourse Setbacks, shall not apply; 71 ii) the minimum lot frontage shall be 30 metres (98 feet); iii) the minimum lot frontage for a corner lot shall be 35 metres (115 feet); iv) the minimum lot area shall be 4000 square metres (43,057 square feet); v) "lot area" shall be defined as the total horizontal distance within the lot line of a lot; and, vi) a building location and elevation site plan, approved by the Saugeen Valley Conservation Authority and the Township, shall be required prior to the issuing of a building permit. b) Notwithstanding their 'R1' zoning designation, where lands are designated as 'R1 -97- 14b' on Schedule 'A' to this By -law, may be used in compliance with the R1 zone provisions contained in this by -law, excepting however, that: i) Section 6.13 (a) Watercourse Setbacks, shall not apply; ii) the minimum lot frontage shall be 45 metres (150 feet); iv) the minimum lot area shall be 7000 square metres (75,450 square feet); v) "lot area" shall be defined as the total horizontal distance within the lot line of a lot; and, vi) a building location and elevation site plan, approved by the Saugeen Valley Conservation Authority and the Township, shall be required prior to the issuing of a building permit. c) Notwithstanding their 'R1' zoning designation, where lands are designated as 'R1 -97- 14c' on Schedule 'A' to this By -law, may be used in compliance with the R1 zone provisions contained in this by -law, excepting however, that: i) Section 6.13a (a) Watercourse Setbacks, shall not apply; ii) the minimum lot frontage shall be 20 metres (66 feet); iii) the minimum lot size shall be 1.5 hectares (3.7 acres); iv) "lot area" shall be defined as the total horizontal distance within the lot line of a lot; v) "lot frontage" shall be defined as that portion of the lot which abuts a public street; and, vi) a building location and elevation site plan, approved by the Saugeen Valley Conservation Authority and the Township, shall be required prior to the issuing of a building permit. 72 e ∎ - ' @ i ∎ . I t t _ _ ► 4 e ► _ 2iSeasonal Residential) - R2 13.1 USES PERMITTED No person shall within the R2 Zone use any Iot or erect, alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses a seasonal dwelling (b) Non - Residential Uses a home occupation buildings, structures and uses accessory to a permitted use a sewage disposal system 13.2 ZONE PROVISIONS No person shall within any R2 Zone use any lot or erect, alter or use any building or structure except in accordance with the provisions of Section 12.2 of this By -Law. (By - Law 84 - 35, Township Housekeeping) Provided however, that (i) the minimum lot area for lots with no municipal water or sewer shall be 4000 square metres (43,000 square feet); and, (ii) the minimum lot area for lots with either municipal water or sewer shall be 1800 square metres (19,365 square feet). 13.3 PROVISIONS FOR ISLAND DEVELOPMENT Notwithstanding the provisions of the R2 Zone, no person shall erect and/or use any building or structure on an island except in accordance with the following provisions: Minimum Lot Area Above 2 Hectares (5 acres) High Water Mark Minimum Sewage System Setback 30 metres (100 feet) from High Water Mark Minimum Building Setback 15 metres (50 feet) from High Water Mark 13.4 SPECIAL PROVISIONS (By -Law 88 -11, Shiells) 13.4.1 Notwithstanding their 'R2' Zoning, those lands described as Part of Lots 57 and 58, 73 Concession "A ", in the Township of Kincardine and delineated as 'R2 -1' on Schedule "A" to this By -Law, may be used, in compliance with the "R2" Zone provisions contained in this By -Law, excepting however that: i) the minimum lot frontage shall be 4.57 metres. 74 14.1 USES PERMITTED No person shall within the R3 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses a detached dwelling - a seasonal dwelling (b) Non - Residential Uses a home occupation buildings, structures and uses accessory to a permitted use - a sewage disposal system 14.2 ZONE PROVISIONS No person shall within any R3 Zone use any lot or erect alter or use any building or structure except in accordance with the provisions of Section 12.2 of this By -Law. 14.3 -PE '.1V • S _ No person shall use any residential building or structure for other than seasonal residential purposes unless a conversion certificate has been applied for and obtained from the Municipality. No application for a certificate of conversion for a change in use shall be issued unless the following change provisions are met: i) All buildings and structures must conform to the Ontario Building Code, and the Property Standards By -Law where applicable. ii) The property must front onto a Class 1 Municipal Road. iii) The sewage disposal system and potable water supply must meet the regulation requirements of The Environmental Protection Act, 1974, and be so certified by the Ministry of the Environment or its agent. iv) The lot, buildings and structures must conform to all provisions of the By -Law save and except for the lot area which may be reduced to 1,000 square metres (10,764 square feet). 75 14.4 SEECIAL PROVISIONS (By -Law 89 -07, Nimer) 14.4.1 Notwithstanding their 'R3' Zoning designation, those lands described as Part of Lot 52, Concession "A ", Township of Kincardine and delineated as 'R3 -1' on Schedule "A" of this By -Law shall be used in compliance with the 'R3' zone provisions contained in this By -Law, excepting however that: i) the minimum rear yard setback requirement shall be 5.18 metres (17 feet). (By - law No. 91 - 09, Township Housekeeping) 14.4.2 Notwithstanding their "R3" Zoning designation, on those lands described as Part of Lot 60, Concession "A ", Township of Kincardine and delineated as 'R3 -2' on Schedule "A" to this By -law, the existing residential dwelling may be used for the purposes of a commercial accounting establishment in compliance with the 'C2' Zone provisions contained in this By- law, in addition to the normal 'R3' uses. (By - law No. 94 - 14, Flynn) 14.4.3 Notwithstanding their "R3" Zoning designation, on those lands described as Part of Lots 55 and 56, Concession "A ", Township of Kincardine and delineated as 'R3- 94 -14' on Schedule "A" to this By -law, may be used for the cottage dwelling purposes in accordance with the 'R3' Zone provisions contained in this By -law, excepting however that: (i) the `minimum lot area' shall be 2.4 hectares (5.9 acres) For the purposes of paragraph 14.4.3 to Section 14.4, `lot area' shall be defined as the total horizontal area within the lot lines of the lot. (By - law No. 95 - 27, Cameron) 14.4.4 Notwithstanding their "R3" Zoning designation, on those lands described as Part of Lot 32, Concession "A ", Township of Kincardine and delineated as 'R3- 95 -27' on Schedule "A" to this By -law, may be used for residential purposes in compliance with the 'R3' Zone provisions contained in this By -law, excepting however that: (i) the `minimum lot area' shall be 3995 square metres (43,000 square feet); and, (ii) the `minimum lot frontage' shall be 65.5 metres (215 feet). (By - law No. 96 - 02, Plue) 14.4.5 (a) Notwithstanding their "R3" Zoning designation, on those lands described as Part of Lot 40, Concession "A ", Township of Kincardine and delineated as 'R3- 96 -02a' on Schedule "A" to this By -law, may be used for residential purposes in compliance with the 'R3' Zone provisions contained in this By -law, excepting however that: (i) the `minimum lot area' shall be 1780 square metres (19160 square feet). 76 (b) Notwithstanding their "R3" Zoning designation, on those lands described as Part of Lot 40, Concession "A ", Township of Kincardine and delineated as 'R3- 96 -02b' on Schedule "A" to this By -law, may be used for residential purposes in compliance with the 'R3' Zone provisions contained in this By -law, excepting however that: (i) the `minimum lot area' shall be 555 square metres (5900 square feet); and, (ii) the requirements under Section 6.5, Frontage on a Public Street shall not apply. 77 15.1 USES PERMITTED No person shall within the R4 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses a detached dwelling (b) Non - Residential Uses buildings, structures and uses accessory to a permitted use - a sewage disposal system 15.2 ZONE PROVISIONS No person shall use within an R4 Zone any lot or erect, alter or use any building or structure except in accordance with the following provisions: PROVISIONS minimum lot area 0.5 hectares (1.25 acres) minimum lot frontage 45 metres (150 feet) minimum side yards 7.5 metres (25 feet) minimum front yards 7.5 metres (25 feet) minimum rear yards 15 metres (50 feet) minimum ground floor area 100 square metres (1000 square feet) maximum height 10 metres (33 feet) maximum lot coverage 5 % 15.3 SPECIAL PROVISIONS 78 •\ •-'t11 • \ • � t _. _ \ . ._ • ► U e). • p'1f• . • t - 1 � - 16.1 USES PERMITTED No person shall within the R5 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses. (a) Residential Uses a mobile home park a detached dwelling accessory to a mobile home park a mobile home (b) Non - Residential Uses buildings, structures and uses accessory to a permitted use, including an administrative and sales office for a mobile home park and a mobile home park recreation building a sewage disposal system 16.2 ZONE PROVISIONS No person shall use within an R5 Zone any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) Provisions for Residential Non - Residential Mobile Home Park Minimum park area 4 hectares (10 acres) Not applicable Minimum park planting area 20 metres (66 feet) Not applicable Minimum open space 10% of the park area Not applicable and recreation area Minimum front yard 7.5 metres (25 feet) Not applicable Minimum side yard 7.5 metres (25 feet) Not applicable Minimum rear yard 7.5 metres (25 feet) Not applicable (b) Provisions for Mobile Home Residential Non - Residential LUssnsl Arci ssory Lots - Minimum lot area 1500 m (16140 sq. ft.) Not applicable 79 • (1 communal service) Minimum lot area 550 m (6,000 sq. ft.) Not applicable (2 communal services) Minimum lot planting area 2 metres (6 feet) Not applicable Minimum separation Not Applicable 10 metres (33 feet) from a mobile home Minimum and ground 40 m (430 sq. ft.) Not applicable floor area Maximum ground Not applicable 60 m (650 sq. ft.) floor area Minimum front yard 5 metres (16 feet) Not applicable Minimum side yard 2 metres (6 feet) Not applicable Maximum height 4 metres (13 feet) 5 metres (16 feet) (c) Provisions for Mobile Home Park Roads All roads within a mobile home park shall have a minimum width of 10 metres (33 feet) and shall be constructed and maintained in such a manner as to eliminate dust. (d) Provisions for an Accessory Dwelling One detached dwelling may be constructed and shall be accessory to a mobile home park and such dwelling shall be used only as the principal residence for an owner, manager or caretaker of the mobile home park. (e) Park Planting and Lot Planting Areas Park planting and lot planting areas as provided for in Section 6.15 shall be provided along the front, side and rear lot lines. (f) Provisions for a Mobile Home not located within a Mobile Home Park Mobile Homes located on individual lots shall conform to the provisions of the Rl Zone. 16.3 SPECIAL PROVISIONS 80 SECTION 17 - PROVISIONS FOR RESIDENTIAL ZONE 6 (Low Density Multiple Residential) _T_. R6 17.1 I SES PERMITTED No person shall within any R6 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses. (a) Residential Uses a detached dwelling a duplex dwelling - a semi - detached dwelling - a triplex dwelling a fourplex dwelling (b) Non- Residential Uses buildings, structures and uses accessory to a permitted use a sewage disposal system 17.2 ZONE PR_QVISIONS No person shall within any R6 Zone use any lot or erect or use any building or structure except in accordance with the following provisions: Provisions Semi - detached Duplex Triplex Fourplex wellings Dwelling& Dwellings Dwellings Min. lot area 2000 m 4000 m 6000 m 8000 m no municipal (21500 ft (43100 ft (64500 ft (86100 ft Min. lot area 1200 m 3000 m 3500 m 4000 m either municipal (12900 ft (33000 ft (27600 ft (43100 ft water or sewer Min. lot area 500 m 800 m 1000 m 1300 m municipal (5300 ft (8600 ft (10700 ft (13000 ft water & sewer Min. lot frontage 35 metres 45 m 45 m 50 metres no municipal services (115 feet) (150 ft.) (150 ft) (160 ft) Min. lot frontage 25 metres 35 m 35 m 40 metres 81 municipal water (80 feet) (115 ft) (115 ft) (130 feet) and/or sewer Min. side yard 5 m (16 ft) 5 m (16 ft) 5 m (16 ft) 10 m (33 ft) Min. rear yard 10 m (33 ft) 10 m (33 ft) 10 m (33 ft) 10 m (33 ft) Min. front yard 8 m (26 ft) 8 m (26 ft) 8 m (26 ft) 10 m (33 ft) Min. ground 90 m 1 storey 70 m 70 m 70 m floor area 70 m > one storey (755 ft (755 ft (755 ft Min. gross N/A N/A 210 m N/A floor area (2200 ft Maximum height 10 metres 10 m 10 m 10 metres main building (33 feet) (33 ft) (33 ft) (33 feet) Maximum height 4 metres 4 m 4 m 4 metres accessory building (13 feet) (13 ft) (13 ft) (13 feet) Maximum lot 15 % 10 % 10 % 10 % coverage - municipal services Maximum lot 25 % 25 % 25 % 25 % coverage - municipal water and/or sewer 17.3 Detached dwellings shall be erected, altered or enlarged in accordance with the provisions of the R1 Zone. 17.4 SPECIAL PROVISIONS 82 Family Residential) - R7 18.1 USES PERMITTED No person shall with any R7 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses. (a) Residential Uses a townhouse dwelling a maisonette dwelling an apartment dwelling (b) Non- Residential Uses buildings, structures and uses accessory to a permitted use a sewage disposal system 18.2 ZONE PROVISIONS No person shall within any R7 Zone use any lot or erect or use any building or structure except in accordance with the following provisions. Provisions Maisonette /townhouse Apartment Dwellings Dwellings Minimum lot 500 square metres 450 square metres area - either (5300 square feet) (4900 square ft) municipal per unit per unit water or sewer Minimum lot 300 square metres 275 square metres area - municipal (3000 square feet) (2900 square feet) water & sewer Minimum lot 30 metres 30 metres frontage (100 feet) (100 feet) Minimum side yard 5 metres (16 feet) 8 metres (26 feet) Minimum rear yard 10 metres (33 feet) 10 metres (33 feet) Minimum front yard 7.5 metres (25 feet) 10 metres (33 feet) 83 Minimum floor area - bachelor unit 40 square metres 40 square metres (430 square feet) (430 square feet) - one bedroom unit 60 square metres 60 square metres (650 square feet) (650 square feet) - two bedroom unit 70 square metres 70 square metres (750 square feet) (750 square feet) - three bedroom unit 90 square metres 90 square metres (950 square feet) (950 square feet) - more than 90 square metres plus three bedroom 10 square metres for each units bedroom in excess of three Maximum height 10 metres 10 metres main building (33 feet) (33 feet) Maximum height 3 metres 3 metres accessory bldg. (10 feet) (10 feet) • Maximum lot coverage 35 % 35 % Minimum landscaped 50 % 50 % open space 18.3 SPECIAL PROVISIONS 84 19.1 U ►t U lu_ . - ' • - C 4 • ► • • u u _ I I ► Olt • u RESIDENTIAL ZONES No part of any commercial building shall be located within 10 metres (33 feet) of a Residential Zone. 19.2 • ! • L. E I _ '_ Areas for the display or exhibition of goods, materials, produce or nursery stock may be established in any yard subject to the following provisions: (a) The display area shall not be located in any required parking or loading area (b) Front, side and rear yards shall be provided for the display area equivalent to the main building yard requirements for the zone in which the yard is situated. 19.3 LIGHTING Where lighting facilities and/or illuminated signs are provided, they shall be so arranged as to deflect light away from any abutting Residential Zone. 19.4 ACCESSORY RESIDENTIAL USES In any Commercial Zone, an accessory residential use, whether or not attached to a principal non - residential use permitted by this By -Law, shall be used only as the principal residence for an owner, manager or caretaker of the permitted non - residential use. Such accessory residential use shall conform to the requirements of Section 6.23 and 6.24. 19.5 PLANTING AREAS Where a commercial zone abuts a residential zone, planting areas as provided for in Section 6.15 shall be provided. 19.6 NUMBER OF BUiLDINGS'PER_LOT Not more than one main building or structure may be erected on one lot. 19.7 EXISTING LOTS In any Commercial Zone an existing lot may be used in accordance with the applicable zone provided that such lot has a minimum lot frontage of 15 metres (50 feet) and a minimum lot area of 1000 square metres (10,765 square feet) for commercial and 1400 square metres (15,065 square feet) for mixed commercial /residential and all other provisions of this By- Law are complied with. 85 SECTION 20 - PROVISIONS FOR COMMERCIAL ZONE 2 (Hamlet Commerci - C2 20.1 USES PERMITTED No person shall within the C2 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses. (a) Residential Uses an accessory detached dwelling if in combination with and forming an integral part of a permitted non - residential use. (b) Non - Residential Uses a retail store barber shop laundry collecting establishment bank or trust company business or professional office hotel motel automobile service station - automobile repair establishment restaurant parking lots sewage disposal system general store 20.2 ZONE PROVISIONS No person shall within any C2 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions. Provisions No Municipal Either Municipal Municipal Water Or Sewer Water Or Sewer Water And Sewer minimum lot 2500 m 2 1500 m 550 m 2 area (26900 ft. (16149 ft. (6000 ft minimum lot 30 metres 30 metres 15 metres frontage (100 feet) (100 feet) (50 feet) minimum lot 43 metres 33 metres 18 metres frontage - (143 feet) (110 feet) (60 feet) 86 corner lot minimum 7.5 metres 7.5 metres 7.5 metres front yard (25 feet) (25 feet) (25 feet) minimum 10 metres 10 metres 10 metres rear yard (33 feet) (33 feet) (33 feet) minimum 5 metres 5 metres 1.5 metres side yard (16 feet) (16 feet) (5 feet) minimum 7.5 metres 7.5 metres 7.5 metres exterior side yard (25 feet) (25 feet) (25 feet) maximum retail 325 m 325 m 325 m floor area per (3500 ft (3500 ft (3500 ft non - residential use maximum bldg. 10 metres 10 metres 10 metres height - main (33 feet) (33 feet) (33 feet) building maximum bldg. 4 metres 4 metres 4 metres height - (13 feet) (13 feet) (13 feet) accessory building maximum lot 15 % 25 % 40 % • coverage 20.3 'Ili _8_ _ Ott, I' 1 = s DOW -\ - Any accessory dwelling shall comply with the provisions of Section 6.23 and 6.24 of the By- Law, whichever is applicable. 20.4 SPECIAL PROVISIONS - (By -law 98 -20, Doupe) 20.4.1 Notwithstanding their 'CT zoning designation, those lands designated as 'C2- 98 -20 -h' on Schedule 'A' to this By -law, may be used in compliance with the C2 zone provisions contained in this by -law, excepting however, that: i) Section 6.13 (a) Watercourse Setbacks, shall not apply; ii) "lot area" shall be defined as the total horizontal distance within the lot lines of a lot; and, iii) that the "sale of used cars and light trucks" be a permitted use. 87 •\ - '.I ..I►. at IUU : 4 Ilk . ..I 11111• - 21.1 USES PERMITTED No person shall within a C3 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses. (a) Residential Uses an accessory dwelling unit forming an integral part of the building or structure containing a permitted non - residential use except an automobile service station and automobile repair establishment. (b) Non - Residential Uses automobile service stations - automobile repair establishment automobile sales establishment retail stores involving the sale of heavy machinery, fuels, factory equipment, boats, building supplies, trailers, motorcycles, snowmobiles - parking lots - sewage disposal system restaurants, drive -in restaurants, take -out restaurants - establishments for the sale of nursery stock and/or garden supplies - motels - buildings, structures and uses accessory to a permitted use. 21.2 ZONE PROVISIONS No person shall within any C3 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non - residential minimum lot area 4000 square metres (private services) (43000 sq. ft.) minimum lot area 2000 square metres (1 or more communal services) (21500 sq. ft.) minimum lot frontage 30 m (100 feet) minimum front yard 15 m (50 feet) minimum side yard 10 m (33 feet) 88 minimum rear yard 10 m (33 feet) maximum height 10 m (33 feet) maximum lot coverage 10 % (private services) maximum lot coverage 20 % (1 or more communal services) minimum floor area 60 square metres (650 sq. ft.) maximum floor area for 300 square metres retail purposes (3000 sq. ft.) 21.3 PROVISIONS FOR ACCESSORY DWELLING Any accessory dwelling shall comply with the provisions of Section 6.23 and 6.24 of this By -Law whichever is applicable. 21.4 SPECIAL PROVISIONS (By -Law 84 -35, Township Housekeeping) 21.4.1 Notwithstanding their "C3" Zoning designation, and the lands delineated as "C3 -1" on Schedule "A" to this By -Law shall only be used for the purposes of a retail and/or wholesale meat and groceries market, and uses accessory thereto, in compliance with the "C3" Zoning provisions contained in this By -Law. • (By -law 84 -35, Township Housekeeping; By -Law 89 -15, Gallina) 21.4.2 Notwithstanding their "C3" Zoning designation, the lands delineated as "C3 -2" on Schedule "A" to this By -Law shall only be used for the purposes of a restaurant, drive -in restaurant or take -out restaurant, and uses accessory thereto, including the sale of - confectionary items and souvenirs within the existing "C3" zone zoning provisions contained in this By -law, excepting however that: i) the 'Minimum Lot Area' shall be 3200 square metres; ii) the 'Minimum Side Yard' shall be 8.5 metres. (By - Law 88 - 05, Farrell) 21.4.3 Notwithstanding their 'C3' Zoning designation, those lands described as Part of Lot 1, Concession 1, N.D.R. in the Township of Kincardine, and delineated as 'C3 -3' on Schedule "A" of this By -Law shall only be used for a hardware and building supply store with accessory uses, including the sale of small appliances and nursery stock and garden supplies, in compliance with the 'C3' zone provisions, excepting however that: 89 (i) the maximum retail floor area shall be 1,120 square metres; (By - Law 97 - 03, Guerette) 21.4.4 Notwithstanding their 'C3' Zoning designation, where lands are designated as 'C3- 97 -03' on Schedule "A" of this By -Law may be used for highway commercial purposes, in accordance with the 'C3' zone provisions, excepting however that: (i) a detached residential dwelling may be permitted as an accessory use to the principal residence for owner, manager or caretaker of the permitted non - residential use. 90 Commercial Campground) -05 22.1 USES PERMITTED No person shall within the C5 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Residential Uses an accessory detached dwelling (b) Non - Residential I Jses - tents - travel trailers sewage disposal systems buildings, structures and uses accessory to a permitted use including a swimming pool, variety store, and an administrative building for a campground operation. 22.2 ZON PROVISIONS No person shall within any C5 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non - Residential minimum lot area 4 ha. (10 acres) maximum lot area 20 ha. (50 acres) minimum lot frontage 60 m (200 feet) minimum side yard - minimum 15 m (50 feet) sep4Iai.iou from accessory detached dwelling minimum buffer area 15 m (50 feet) - all lot lines minimum area of campground site 235 square metres (2530 sq. ft.) 22.3 The maximum density of campsites shall not exceed 25 sites per hectare (10 sites per acre). 22.4 A minimum of 10% of the area of the camping establishment must be developed for recreation purposes. 91 22.5 All campground sites shall have a minimum frontage of 15 metres (50 feet). 22.6 A buffer strip at least 1 metre (3 feet) wide shall be provided along the side and rear boundaries of each campground site. 22.7 SPECIAL PROVISIONS 92 SECTION 23 - PROVISIONS FOR COMMERCIAL ZONE 6 (Rural Commercial) - C6 23.1 USES PERMITTED No person shall within a C6 Zone use any lot or erect, alter or use any building or structure for any commercial purpose except one or more of the following uses: (a) Residential Uses an accessory dwelling if in combination with and forming an integral part of • a permitted non - residential use. (b) Non - Residential Uses establishment for the sale, repair and servicing of agricultural implements and equipment. general stores veterinarian clinics and offices automobile service stations a sewage disposal system buildings, structures and uses accessory to a permitted use. 23.2 ZONE PROVISIONS No person shall within any C6 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non- Residential minimum lot area 4000 square metres (43100 sq. ft.) (no municipal sewer or water) minimum lot area 2000 square metres (21500 sq. ft.) (1 or more municipal services) minimum lot frontage 30 m (100 feet) minimum front yard 15 m (50 feet) minimum side yard 10 m (33 feet) minimum rear yard 10 m (33 feet) maximum height 10 m (33 feet) 93 minimum ground floor area 70 square metres (750 sq. ft.) maximum total floor area 300 square metres (3000 sq. ft.) maximum lot coverage 15 % minimum separation from 10 m (33 feet) accessory detached dwelling 23.3 PROVISIONS FOR ACCESSORY DWELLINGS Any accessory dwelling shall comply with the provisions of Section 6.23 or 6.24 of this By- law, whichever is applicable. 23.4 SPECIAL PROVISIONS (By -Law 87 -23, Bruce Agri -Park) 23.4.1 Notwithstanding their 'C6' Zoning designation, those lands described as Part of Lot 30, Concession "A ", in the Township of Kincardine, and delineated as 'C6- 87 -23' on Schedule "A" to this By -Law shall only be used in compliance with the 'C6' Zone provisions contained in this By -Law, excepting that: i) no accessory residential dwelling shall be permitted, ii) the minimum Lot Area shall be 9.3 hectares; and, iii) for the purposes of this Subsection, "LOT AREA" shall mean the total horizontal area within the lot lines of a lot. 94 SECTION 24- ► its I► •::_. x.1 t -u 24.1 BILFEERMIANDSADJOINING RESIDENTIAL ZONES Where an Industrial Zone abuts a Residential Zone the following regulations shall apply: (a) No part of any industrial building shall be located closer than 20 metres (66 feet) to the residential zone; (b) A planting area shall be provided and maintained on the industrial land for the length abutting the residential zone and such area shall be used for no other purpose except landscaping; (c) Where lighting facilities and/or illuminated signs are provided, they shall be so arranged as to deflect light away from the abutting residential zone. 24.2 RAILWAY SPUR LINES A railway spur line is permitted in any required yard that does not abut a residential zone. 24.3 REQUIRED SERVICES New industrial uses shall not be erected unless such uses are serviced with a municipal water supply and sewage treatment facilities or in the case of non - effluent producing industrial uses as defined herein, with a pressure water supply and septic tank sewage disposal system. 24.4 ACCESSORY RESIDENTIAL USES In any Industrial Zone, unless otherwise specified, an accessory residential use, whether or not attached to a principal non - residential use permitted by this By -Law, shall be used only as the principal residence for an owner, manager or caretaker of the permitted non - residential use. 24.5 CORNER LOTS The side yard requirement for buildings or structures located on corner lots shall be increased by 5 metres (16 feet) for the side yard adjacent to the road or road right -of -way. 95 SEC 1► _ - '`1 . I► St ► . I►_ _ _it _ -J 25.1 USES PERMITTED No person shall within the MI Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Residential Uses - an accessory dwelling unit forming an integral part of a permitted non - residential use. (b) Non - Residential Uses establishments for the fabrication, repair and servicing of agricultural implements and equipment industrial uses including only, machine shops, welding shops, blacksmiths shops, wood fabricating and cement fabricating operations. - establishments for the storage, grading and handling of seed, feed, fertilizer and farm produce, together with a sales office for such products. buildings and contractors yards and building supplies - fuel storage establishments terminals for the storage and handling of freight - open storage accessory to the permitted use - sewage disposal system stock yards buildings, structures and uses accessory to a permitted use. 25.2 ZONE PROVISIONS No person shall within any M1 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non - Residential minimum lot area 4000 square metres (43100 sq. ft.) (private services) minimum lot area 3000 square metres (33000 sq. ft.) (1 or more communal services) minimum lot frontage 30 m (100 feet) minimum front yard 15 m (50 feet) 96 minimum side yard 5 m (16 feet) minimum rear yard 10 m (33 feet) maximum lot coverage 10 % (1 or more communal services) minimum ground floor area 70 square metres (750 sq. ft.) maximum height 15 m (50 feet) 25.3 PROVISIONS FOR ACCESSORY DWELLINGS Any accessory dwelling shall comply with the provisions of Section 6.24 of this By - Law. 25.4 SPECIAL PROVISIONS (By -Law 83 -42, Cerson) 25.4.1 Notwithstanding their "M1" Zoning designation, the lands described as "M1- 83 -42" on Schedule "A" of this By -Law shall only be used in accordance with the 'Ml' Zone provisions contained in this By -Law excepting however that: i) residential uses, fuel storage establishments and stock yards shall not be permitted ii) the minimum lot area shall be 1400 square metres (15070 square feet); iii) the minimum front yard shall be 7.5 metres (25 feet); iv) the minimum side yard shall be 3.5 metres on one side and 10.0 metres on the opposite side; v) the maximum lot coverage shall be 35 %; vi) Subsection 24.1 (a), shall not apply to the lands affected by this By -Law (By - Law 84 - 35, Township Housekeeping) 25.4.2 Notwithstanding their "M1" Zoning designation, those lands delineated as "M1 -1" on Schedule "A" to this By -law shall only be used for the purposes of a fuel storage establishment in compliance with the "M1" Zoning provisions contained in this By -Law, excepting however that the minimum lot area requirements shall be 3500 square metres (37,675 square feet). (By - Law 98 - 12, Albrecht) 25.4.3 Notwithstanding their "M1" Zoning designation, those lands designated as "M1- 98 -12" on Schedule "A" of this By -Law may be used in compliance with the 'M1' Zone provisions contained in this By -Law excepting however that: i) the minimum lot area shall be 4300 square metres (1.06 acres); ii) the minimum lot frontage shall be 0 metres; iii) the maximum lot coverage shall be 20 %; 97 iv) the front yard shall be that portion of the property between the M1 zone and the 20 side road; the rear yard shall be that portion of the M1 zone north of the buildings and structures within the M1 zone; v) open storage associated with the M1-98-12 zone shall be prohibited in all yards except the rear yard; vi) the repair, fabrication and servicing of horse drawn vehicles shall be permitted; and, vii) the wholesale or retail of household wares or perishable goods and materials shall be prohibited. 98 SECTION 26 . PROVISIONS E O_MlaUM 11Ai ZONE 2 (Extractive In ustrial) - M2 26.1 USES PERMITTED No person shall within the M2 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Residential Uses prohibited (b) Non- Residential Use an existing pit an existing quarry buildings, structures and uses accessory to a permitted use including a private gasoline pump island and an open storage area. 26.2 ZONE P ROVISIONS No person shall within any M2 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non- Residential minimum lot area 1 ha. (2.5 acres) minimum lot frontage 30 m (100 feet) minimum lot coverage 1 % minimum setback from a 30 m (100 feet) municipal road allowance minimum setback from any 15 m (50 feet) other lot lines maximum building height 10 m (33 feet) minimum driveway setback 15 m (50 feet) from any property lines 26.3 Notwithstanding any building setback provisions hereof to the contrary, no building setback shall be required from any portion of a lot line which abuts a railroad right -of -way. 99 26.4 No part of any excavation for a gravel pit or stone quarry shall be located closer than: (i) 30 m (100 feet) to any street line; (ii) 15 m (50 feet) to any other lot lines; and (iii) 35 m (115 feet) to the boundary of any Residential Zone. 26.5 Every face of a gravel pit or stone quarry which is excavated to the limit established by Section 26.4 shall be sloped from that limit to less than 45 degrees off horizontal. 26.6 Except for entrances and exits, planting areas having a minimum width of 15 m (50 feet) and consisting of a dense screen of shrubs and evergreen trees, minimum 1 metre (3 feet) high when planted and of a type that will attain a minimum height of 6 m (20 feet) at maturity and as well provide a year round visual barrier, shall be planted and maintained along any street lot line and along any lot line abutting any Residential Zone. 26.7 SPECIAL PROVISIONS (By-law 90 -10, Jackson) 26.7.4 Notwithstanding their 'M2' Zoning designation and Subsection 6.2, those lands described as Part of Lot 69, Concession "A ", in the Township of Kincardine and delineated as 'M2- 90 -10' on Schedule "A" to this By -law shall be used in compliance with the 'M2' Zone provisions of this By -law and subject to the issuance and maintenance of a pit licence according to the Aggregate Resources Act. 100 •► -' l it I •► •I ►l - �►. - '_ t..• 27.1 USES PERMITTED No person shall within the M4 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Residential Uses an accessory dwelling unit forming an integral part of the building or structure containing a permitted non - residential use. (b) Non- Residential Uses light manufacturing establishments for the assembly of metal or wood products, a furniture plant, a clothing or textile plant, a printing plant or the manufacturing of paper products. wholesale uses bulk sales establishments - construction contractors yard - commercial parking lot - transportation and communication and utility yards and terminals. 27.2 ZONE PROVISIONS No person shall within any M4 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: • Provisions Non - Residential minimum lot area 4000 square metres (private services) (43100 sq. ft.) minimum lot area 3000 square metres (1 or more communal services) (33000 sq. ft.) minimum lot frontage 40 m (132 feet) minimum front yard 15 m (50 feet) minimum side yard 5 m (16 feet) minimum rear yard 10 m (33 feet) maximum lot coverage 15 % 101 (private services) maximum lot coverage 25 % (1 or more communal services) minimum ground floor area 70 square metres (750 sq. ft.) maximum height 15 m (50 feet) 27.3 PROVISIONS FOR ACCESSORY DWELLINGS Any accessory dwellings shall comply with the provisions of Sections 6.23 and 6.24 of the By -law, whichever is applicable. • 27.4 SPECIAL PROVISIONS 102 SE LIi : - 'P• !\ \. 1.: I\ 28.1 USES PERMITTED No person shall within any I Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses - an accessory dwelling unit or detached dwelling in conjunction with a church and used as a residence by the minister, rabbi or other religious head of the church congregation. (b) Non - Residential Uses a church - a cemetery a public school a separate school - a post office - a private school - an assembly hall a private club a private or public nursing home a hospital - a museum - a library a federal, provincial, county or municipal administration or maintenance building - a federal, provincial, county, municipal or school board recreation buildings, parks and recreation facility. 28 ZONE PROVISIONS No person shall within any I Zone use any land or erect, alter or use any building or structure except in accordance with the following provisions: Provisions No Municipal Either Municipal Municipal Water or Sewer Water or Sewer Water and Sewer Minimum lot 4000 m 1800 m 550 m area (43100 ft (19400 ft (6000 ft Minimum lot 40 metres 30 metres 15 metres 103 frontage (132 feet) (100 feet) (50 feet) Minimum lot 43 metres 33 metres 18 metres frontage - (143 feet) . (110 feet) (60 feet) corner lot Minimum 7.5 metres 7.5 metres 7.5 metres front yard (25 feet) (25 feet) (25 feet) Minimum 10 metres 10 metres 10 metres rear yard (33 feet) (33 feet) (33 feet) Minimum 5 metres 5 metres 1.5 metres side yard (16.5 feet) (16.5 feet) (5 feet) • Minimum 7.5 metres 7.5 metres 7.5 metres exterior (25 feet) (25 feet) (25 feet) side yard Minimum 70 m 70 m 70 m (a) ground floor area (755 ft (755 ft (755 ft Maximum bldg 10 metres 10 metres 10 metres height - main (33 feet) (33 feet) (33 feet) building Maximum bldg. 4 metres 4 metres 4 metres height - (13 feet) (13 feet) (13 feet) accessory building Maximum lot 15 % 25 % 40 % coverage Footnote: (a) Structures or buildings used for recreation, administration or maintenance shall conform to the requirements of the above, save and except for the minimum ground floor area which may be reduced to 30 square metres (320 square feet). 28.3 SPECIAL PROVISIONS (By -Law 84 -35, Township Housekeeping) 28.3.1 Notwithstanding their "I" Zoning designation, the lands delineated as "I -1" in Schedule "A" to this By -law shall only be used for the purposes of a snowmobile club in compliance with the "I" Zoning provisions contained in this By -Law. 104 SE_CTIO► ' - ' • $ ■ 1 t • ► . ' : . . • eneral Open Space) - OS1 29.1 USES PERMITTED No person shall within any 0S1 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses an accessory dwelling unit or detached dwelling in conjunction with a permitted non - residential use. (b) Non - Residential Uses - parks, conservation areas, picnic areas, historic sites campgrounds owned by a public authority - golf courses - buildings, structures and uses accessory to a permitted use. 29.2 SITE REGULATIONS (a) Building set backs - 15 m (50 feet) from any lot line. (b) Lot coverage - 10% maximum. 29.3 BUILDING REGULATIONS (a) Maximum height - 10 metres (33 feet) 29.4 SPECIAL PROVISIONS 105 SECTION 30 - PROVISIONS FOR OPENSPACE ZONE 2 (Waste Disposal) 0S2 30.1 USES PERMITTED No person shall within any OS2 Zone use any lot or erect or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses prohibited (b) Non - Residential Uses a waste disposal site all uses permitted in the OS 1 Zone save and except for any buildings or structures (By - law No. 91 - 09, Township Housekeeping) an accessory building for the purpose of administration or storage facilities 30.2 ZONE PROVISIONS No person shall within any OS2 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non - Residential minimum lot area 4 ha. (10 acres) minimum lot frontage 10 m (33 feet) maximum lot coverage 1 % minimum setback from any lot 15 m (50 feet) or street line for structures minimum setback (dumping or 30 m (100 feet) disposal of any waste material) from lot line maximum building height 10 m (33 feet) minimum driveway separation 22 m (73 feet) 30.3 Except for entrances and exits, planting areas having a minimum width of 15 m (50 feet) and 106 consisting of a dense screen of shrubs and evergreen trees, minimum 1 metre (3 feet) high when planted and of a type that will attain a minimum height of 6 metres (20 feet) at maturity and as well provide a year round visual barrier, shall be planted and maintained along any street lot line and along any lot line abutting any Residential Zone. 30.4 All 0S1 Zone uses permitted in an 0S2 Zone shall be subject to the 0S1 Zone provisions regarding such uses. 30.5 SPECIAL PROVISIONS 107 l\ - ' .I Il\ • t \ 111\►U_ \ 'tI _. _ I\ : - _' 31.1 USES PERMLUED No person shall within any EP zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses: (a) Residential Uses prohibited (b) Non - Residential Uses parks, conservation areas, picnic areas, historic sites golf courses riding clubs, liveries agricultural uses but not livestock intensive agricultural uses no building or structures shall be permitted except those necessary for flood and/or erosion control purposes 31.2 SITE REGULATIONS (a) Structure setbacks - 10 metres (33 feet) from any lot line. (b) Maximum building size - 10 square metres (100 square feet) 31.3 BUILDING F A IONS (a) Maximum height - 3 metres (10 feet) 31.4 SPECIAL PROVISIONS (By -law 93 -10, Inverhuron) 31.4.1 Notwithstanding their `EP' Zoning designation, those lands described as Part of Lots 66 to 70, Concession "A ", in the Township of Kincardine (west side of Lake Street) and delineated as 'EP -1' on Schedule A" to By -Law No. 82 -08, may be used in accordance with the 'EP' Zone provisions contained in this By -Law, excepting however that: i) all legally existing buildings and structures are permitted as they existed on the date of the passing of By -Law No. 93 -10; ii) the replacement, renovation or enlargement of existing buildings or structures may be permitted provided that a connection to a municipal sewer system approved under the Ontario Water Resources Act is obtained; iii) 'Minimum Lot Area' shall be the lot area as it exists on the date of passing of By -Law No. 93 -10; 108 iv) the 'Minimum Lot Frontage' shall be the lot frontage as it exists on the date of the • passing of By -Law No.93 -10; v) the 'Maximum Building Height' shall not exceed 1.5 storeys or 20 feet above grade whichever is the lesser; vi) for the purposes of this paragraph, Section 6.5 of By -Law No. 82 -08 shall not apply as it relates to lots fronting upon a street with a perpendicular width of less than 66 feet; vii) for the purposes of this paragraph, Section 6.13 and Section 6.29 of By -Law No. 82- 08, shall not apply; viii) for the purposes of this paragraph where there is an established building line extending on both sides of the lot, a building or structure may be erected closer to the easterly lot line, provided such permitted building or structure is not erected closer to the easterly lot line, than the established building line on the date of passing of By- Law No. 93 -10; For the purposes of this clause, the Building Line will be established from the perimeter of the dwelling unit and shall not include unenclosed decks or open porches. ix) the 'Minimum On -Site Parking' requirement shall be one space per dwelling unit, the 'Minimum Width' of such space shall be 8 feet and the 'Minimum Length' shall be 20 feet; and x) no westerly expansion of any existing buildings or structures shall be permitted; xi) northerly or southerly expansion of the most northerly and southerly limits of existing buildings or structures may be permitted provided that such expansion does not comprise more than a maximum of 25 percent of ground floor area of the existing building or structure, as it exists on the date of passing of By -Law No. 93- 10; or, extend within 4 feet of the side lot line, whichever is the lesser. (By - law 98 - 20, Doupe) 31.4.2 Notwithstanding their 'EP' zoning designation, those lands designated as 'EP- 98 -20' on Schedule 'A' to this By -law, may be used in compliance with the EP zone provisions contained in this by -law, excepting however, that: i) open storage accessory to a permitted use within the C2 zone shall be permitted. 109 I\ -'t. a ■ . e:' 4 ■\ 1 1 S'1.4 _ \ I \_ -.' 32.1 USES PERMITTED No person shall within a PD Zone use any lot or erect or use any building or structure, for any purpose except for the following: (a) uses, buildings and structures existing at the date of passing of this By -Law. (b) uses permitted in the OS 1 and EP Zones provided that no buildings or structures are erected. (c) Non - Intensive Agricultural uses in accordance with the A2 Zone excluding any buildings or structures used for human habitation. 32.2 SPECIAL PROVISIONS 32.2.1 Notwithstanding their PD Zoning designation, any detached residential dwelling existing at the date of passing of this By -Law, may be expanded or enlarged provided that all of the 12.1 Zone Provisions contained in this By -Law are complied with. (By - Law 84 - 16, Walleki) 32.2.2 Notwithstanding their "PD" Zoning designation, where lands are delineated as "PD -1" on Schedule "A" to this By -law, an existing lot may be used for residential purposes and uses accessory thereto in compliance with the "R1" Zone provisions contained in this By -Law, excepting however that: • (i) the requirement for frontage on a public street shall not apply. (By - Law 84 - 35, Township Housekeeping) 32.2.3 Notwithstanding their "PD" Zoning designation, those lands delineated as "PD -2" on Schedule "A" to this By -Law may be used in compliance with the "R2" Zone provisions contained in this By -Law, excepting however that: (i) the requirement for frontage on a public street shall not apply. (By - Law 85 - 11, Smiley) 32.2.4 Notwithstanding their 'PD' Zoning designation, those lands described as Part of Park Lot A, Concession "A ", in the Township of Kincardine, and delineated by the zoning symbol 'PD -3' on Schedule "A" to this By -Law, an existing lot may be used for residential purposes and uses accessory thereto, in compliance with the 'R2' Zone provisions contained in this By- Law, excepting however that: i) the minimum lot frontage and area requirements shall not apply; and 110 i i) notwithstanding any yard provisions of this By -Law, no person shall hereafter erect any permanent building or structure closer than thirty (30) metres (100 feet) from the top -of- bank of any body of water or watercourse. (By - Law 86 - 22, Savage) 32.2.5 Notwithstanding their "PD" Zoning designation, those lands delineated as "PD -3" on Schedule "A" to this By -Law may be used in compliance with the "R2" Zone provisions contained in this By -Law, excepting however that: i) the requirement for frontage on a public street shall not apply; ii) the minimum lot frontage shall be 14.0 metres; iii) the minimum lot area shall be 970.0 square metres. (By - Law 88 - 08, Ballok) 32.2.6 Notwithstanding their 'PD' Zoning designation, those lands described as Part of Lot 64, Concession "A ", in the Township of Kincardine, and delineated as 'PD -4' on Schedule "A" of this By -Law shall be used in compliance with the 'R3' zone provisions contained in the By -Law, expecting however that: i) the minimum lot frontage shall be 36.8 metres; and ii) the minimum lot area shall be 2.5 hectares. (By - Law 88 - 25, Davey) 32.2.7 Notwithstanding anything in this By -Law to the contrary, those lands described as Lot 1, Plan 491, Concession "A ", in the Township of Kincardine and delineated as 'PD -5' on Schedule "A" to this By -Law, may be used for Seasonal Residential purposes in compliance with the 'R2' Zone provisions contained in this By -Law, excepting however that: i) the 'Minimum Exterior Side Yard' shall be 5.48 metres. (By - Law 89 - 08, Hill) 32.2.8 Notwithstanding their 'PD' Zoning designation, those lands described as Part of Lot 25, Concession "A ", Township of Kincardine and delineated as 'PD -7' on Schedule "A" to this By -Law shall be used in compliance with the 'R2' Zone provisions contained in this By -Law excepting however that: i) Lot area shall be defined as the total horizontal area within the lot lines. ii) Subsection 6.13(a) shall not apply. iii) The 'Minimum Lot Frontage' shall be 20.11 metres (66 feet). (By - Law 89 - 09, Remus) 32.2.9 Notwithstanding their 'PD' zoning designation, those lands described as Part of Lot 29, Concession "A ", in the Township of Kincardine, and delineated as 'PD -6' on Schedule "A" of this By -Law, shall only be used in compliance with the 'R2' Zone provisions contained in this By -Law, excepting however that: 111 1 i) the minimum lot area shall be 1,455 square metres; ii) the minimum lot frontage shall be 22 metres; and iii) the requirement of Subsection 6.5 for frontage on an improved street shall not apply. (By - law No. 90 - 04, Bailey) 32.2.10 Notwithstanding their 'PD' Zoning designation, those lands described as Part of Lots 52 and 53, Concession "A ", in the Township of Kincardine and delineated as 'PD -8' on Schedule "A" to this By -law, shall only be used in compliance with the 'R2' Zone provisions contained in this By -law, excepting, however, that: (i) the 'Minimum Lot Area' shall be 1,480 square metres; (ii) the 'Minimum Lot Frontage' shall be 30 metres; (iii) the requirement of Subsection 6.5 for frontage on an improved street shall not apply. (By - law 91 - 11, Mitchell) 32.2.11 Notwithstanding their 'PD' zoning designation, those lands delineated as 'PD -9' on Schedule 'A' to this By -law may be used in compliance with the R2 zone provisions contained in this By -law, excepting, however, that: i) the lot frontage requirements may be reduced to 20 metres (66 feet). (By - law 92 - 23, Thomson) 32.2.12 Notwithstanding their 'PD' zoning designation, those lands described as Part of Lot 25, Concession 'A' in the Township of Kincardine and delineated as 'PD -10' on Schedule 'A' to this By -law may be used for single family residential purposes in compliance with the 'Rl' zone provisions contained in this By -law, and in compliance with Section 11.5 of this By- law, excepting, however, that: i) the requirement of Subsection 6.5 of this By -law for frontage on an improved street shall not apply. (By - law 93 - 03, Kokoski) 32.2.13 Notwithstanding their TD' zoning designation, those lands described as Part of Lot 27, Concession 'A' in the Township of Kincardine and delineated as 'PD -11' on Schedule 'A' to this By -law may be used for single family residential purposes in compliance with the 'R2' zone provisions contained in this By -law, excepting, however, that: i) the requirement of Subsection 6.5 of this By -law for frontage on an improved street shall not apply. (By - law 93 - 26, Hayhurst) 32.2.14 Notwithstanding their 'PD' zoning designation, those lands described as Part of Lot 51, Concession 'A' in the Township of Kincardine and delineated as 'PD -12' on Schedule 'A' to this By -law may be used for single family residential purposes in compliance with the 'R1' zone provisions contained in this By -law, excepting, however, that: 112 i) the requirement of Subsection 8.3 of this By -law shall not apply; and, ii) the `Minimum Distance Separation' that must be maintained from the barn located to the northeast on Lot 52, Concession A shall be 375 feet. (By - law 98 - 21, Thorn) 32.2.15 Notwithstanding their 'PD' zoning designation, those lands delineated as TD-98-21' on Schedule 'A' to this By -law may be used for residential purposes in compliance with the 'R3 - Suburban Residential' zone provisions contained in this By -law, excepting, however, that: i) Section 6.13(a), Watercourse Setbacks shall not apply. ii) the `Minimum Distance Separation' that must be maintained from the barn located to the northeast on Lot 52, Concession A shall be 375 feet. 113 4 G .. SECTION 33 - PROVIS FOR AIRPSLT ZONE - AP 33.1 USES PERMITTED No person shall within an AP Zone use any lot or erect or use any building or structure, for any purpose except for one or more of the following uses: (a) Residential Uses Prohibited (b) Non - Residential Uses an airport hangar an airport strip buildings, structures and uses accessory to a permitted use including administration and control buildings, maintenance buildings, open storage area and parking lot. 33.2 ZONE PROVISIONS No person shall within any AP Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: Provisions Non - Residential minimum lot area Not applicable minimum lot frontage 30 metres (100 feet) minimum building setbacks front yard 45 metres (150 feet) (By - Law 84 - 35, Township Housekeeping) side yard 10 metres (30 feet) rear yard 15 metres (50 feet) maximum lot coverage 30 % maximum number of driveways 2 per lot 33.3 No open storage area shall be permitted except in accordance with the following provisions: i) no open storage area shall be permitted in a front yard or exterior side yard ii) every open storage area shall be enclosed by a wall or fence not less than 2 metres 114 i► (6 feet) in height, constructed of uniform material, and erected no closer to any lot line than the required minimum building setbacks; and iii) no portion of any open storage area for combustible material shall be located closer than 30 metres (100 feet) or the required minimum building setback, whichever is the greater, to any lot line. 33.4 SPECIAL PROVISIONS (By -Law 84 -21, Sieber) 33.4.1 The lands shown as 'AP- 84 -21' on the Schedule "A" to this By -Law shall only be used in compliance with the 'AP' Zone provisions contained within this By -Law excepting, however that: (i) the minimum lot area shall be 12.95 hectares; (ii) for the purposes of this Subsection, the lot line shall be deemed to be the lot line abutting Provincial Highway No. 21; (iii) notwithstanding Subsection 6.17.1, a minimum of 20 off - street parking spaces shall be provided; (iv) the uses permitted within this Zone shall be limited to the following and shall locate only in the "AREA" designated for their use on the Schedule "F -1" of this By -Law. PERMITTED USES Area A: - a maximum of four (4) airport hangars buildings, structures and uses accessory to a permitted use including administration and control buildings, maintenance buildings, open storage area, parking lot, and aircraft and vehicle access routes. • Area B: - aircraft and vehicle access routes agricultural uses, provided no buildings or structures are erected Area C: - an accessory detached dwelling for the owner, manager or caretaker of the uses permitted within an "AP- 84 -21" Zone. (By - Law 86 - 05, Township) 33.4.2 Notwithstanding their 'AP' Zoning designation, those lands delineated as 'AP- 86 -05' on Schedule "A" to this By -Law, shall only be used for the following: (a) uses permitted by the 'Al' Zone, in compliance with the 'Al' Zone provisions contained in this By -Law, excepting however that: (i) the minimum lot frontage and minimum lot area requirements shall not apply. 115 (b) uses permitted by the 'AP' Zone, in compliance with the 'AP' Zone provisions contained in this By -Law. 116 0 e SECTION 34 - ENACTMENT 34.1 CONFLICT WITH OTHER BY -LAWS In the event of any conflict or inconsistency between this By -Law and any other general or special By -Law of the Corporation, the provisions of this By -Law shall prevail. 34.2 REPEAL OF EXISTING BY - LAWS From the coming into force of this By -law all previous By -laws passed under Section 39 of The Planning Act or a predecessor thereof, shall be deemed to have been repealed. 34.3 EFFECTIVE DATE This By -Law shall come into force on the date it is passed by Council subject to the provisions of The Planning Act, R.S.O. 1980 and amendments thereto. READ A FIRST TIME THIS 23RD DAY OF MARCH, 1982 READ A SECOND TIME THIS 23 DAY OF MARCH, 1982 READ A THIRD TIME AND FINALLY PASSED THIS 23 DAY OF MARCH, 1982. Muriel Eskrick CLERK REEVE 117